Visitor Question

Liability for head-on collision that killed 3 and injured 1?

Submitted By: Concerned Mom (Crab Orchard, Kentucky)

My 20 year old son who was driving a car with 2 other boys, age 21 and 22, were passing a vehicle and hit a pick up truck head on. All 3 boys were killed in the car. The gentleman in the pick up truck was injured and he has hired an attorney. My son owned the car and his insurance had lapsed.

Can I be sued by the boys’ parents or the gentleman in the truck?

I have received a letter from a lawyer addressed to my son and it did not say “to the estate of…” I assume the gentleman in the truck doesn’t know all 3 boys died on impact because the man was transported to a hospital. What will be done here?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Concerned Mom,

Your son’s unfortunate death does not put you at risk for a civil action brought by the driver or any passengers in the pickup truck involved in the accident.

In the State of Kentucky the “Age of Majority” in civil actions is eighteen (18) years or older. This means persons eighteen years of age or older can be sued in their personal capacity. Parents of persons eighteen years of age or older are not liable for the actions of their children.

As a result, based on the facts, you have no liability for the actions of your son.

  • While the age of majority for civil actions is eighteen (18) years of age or older, the same does not apply to the purchase of alcohol. In Kentucky a person must be twenty one (21) years or older to purchase alcohol.
  • Persons in Kentucky who are eighteen (18) years of age or older are entitled to vote.
  • With some exceptions, persons under the age of eighteen (18) years of age are considered minors for the purpose of criminal actions.

To read Kentucky’s statute on the Age of Majority in civil actions see: Kentucky Statutes Section 2.105

Learn more here: Car Accident Fatalities

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim.

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