Legal Question in Personal Injury in Alabama
Injuries sustained from auto accident with under-age driver
My wife and I were in an auto accident involving an at-fault fifteen year old driver. She was driving without possession of her permit, and did not have anyone else in the vehicle with her. My wife has neck, shoulder and back injuries associated with this accident. She still has pain. I still have lower back problems also. I would like to know if the ''underage'' driver will bring a larger settlement because of negligence. Our vehicle sustained major damage. Please advise us if the ''underage driver'' will have any impact on our settlement.
2 Answers from Attorneys
Re: Injuries sustained from auto accident with under-age driver
Depending on the knowledge of the parents and the owner of the car, you may also have a negligent entrustment claim. Her age might make her liable per se or at least give you a presumption that she was negligent and one that she would have to overcome. You also may have an uninsured/underinsured motorist claim. If you have any further questions, please do not hesitate to give me a call toll free at (888) 295-7409.
Re: Injuries sustained from auto accident with under-age driver
The age of the driver is not directly relevant, although it would be easier to portray her as being negligent. Negligence is determined by whether and how a person breached a duty which they had to other persons (in this case driving safely). Hopefully her parents or the owner of the car had insurance, because she almost certainly did not.
Please be aware of the two year statute of limitations (you must file suit in court or have the case settled within two years of the accident). 334 678 7780
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