A person over 21 gets into a Fatal DUI accident. Can the Victims family sue her parents and take their assets?
Posted on 27. Jul, 2010 by Eve in Parenting
A person i know got into an Accident while drunk driving, and killed somebody. She is 26 years old and does not live at home. Her parents are business owners, can the victims family sue her parents?
Mr. PhD
27. Jul, 2010
Generally no.
However, if it can be proved that the parents were a party to the crime they can try. In this case, a party to the crime would be if the parents know their offspring was a drunk and still bought them a car.
Hard to prove – even harder to get money out of a parent for the crimes of their adult parents.
♥Doc.Shell♥
27. Jul, 2010
No, she is of age/an adult and is responsible for her own actions.
dances_with_unicorns1955
27. Jul, 2010
No; her parents didn’t have an accident, and they are in no way responsible for a child over the age of 18.
trooper3316
27. Jul, 2010
In order to name the parents in the lawsuit, they would have to prove they assisted in some way. If the person got drunk at mom and dads house, maybe.
If mom and dad had nothing to do with it, they have nothing to worry about.
yutu34
27. Jul, 2010
The driver’s family are not involved. The driver herself is responsible (although being DUI, she is still considered an adult – hard to believe if she was happy to drink drive)
pop_roxy_princess920
27. Jul, 2010
well, i think they can sue her probably for a wrongful death or something like that. but they just can’t take her assets. because with money there’s usually insurance that will pay for damages or for wrongful death stuff you pay out of your pocket. but with the O.J Simpson case he couldn’t/hasn’t paid any of the money owed. that is why the family was granted the rights to his book. so it really depends on the situation. so since her parents didn’t cause the accident they can’t really get sued, but they probably will help her pay if it does end up that way. but once again it depends on the situation.
Laura G
27. Jul, 2010
Well, considering the law states that once a person reaches the age of 18, they are no longer considered a minor. I would think no. After 18, the parents have no further legal obligation to their child.
If one or both of the parents were involved in the accident… then that is a different story.
Joshua B
27. Jul, 2010
a) You can sue anyone if you want
b) does this make any sense?
What do the parents of a legal adult have to do with their malfeasant behaviour? A judge would throw this out. Now if the parents were the benefactors of the estate of the deceased the vicitms family can sue the estate. That is if this 26 year old is dead. Otherwise – no way Jose’.