Issues When Minors Driving Drunk, Cause Injuries
Imagine that you are in an accident, and before the accident, you were pretty sure that the negligent driver that hit you, was driving drunk. The vehicle was swerving, going too fast, running off the road—all the hallmark telltale signs that someone is driving behind the wheel while drunk.
When the cars come to a rest after the collision, and the negligent driver gets out of the vehicle, you’re a little surprised: The driver is in fact drunk. But he or she is also a minor.
Can You Recover Compensation Against a Minor DUI Driver?
You can get compensation for injuries caused by a DUI driver who is underage, which in Massachusetts is defined as being under the age of 21. And in fact, in some ways, it is easier to do so than with an adult driver.
Adults and Minors–the Differences
The first difference between an adult and minor aged DUI driver, is that with a minor driver, the driver only has to have a BAL level of .02, to be considered to be driving under the influence. That’s practically any alcohol at all. So, if you are in civil court, trying to demonstrate to a jury that the minor was under the influence, you will have an easier time than if the driver was an adult.
Other People Who May be Liable
As a minor, the minor’s parents are ultimately responsible for his or her behavior.
That can lead to claims of negligent entrustment—that means holding the minor’s parents responsible for damages or injury caused by the minor, because the parents or adults allowed the minor to operate the vehicle, or because they allowed him or her to have access to alcohol when the child was underage.
In many cases, minors get alcohol from people other than their parents. They may get them from friends. But whoever gave the minor the alcohol, can be held liable for doing so under negligent entrustment theories of liability—including parents of other children, if those other children provided the access to the alcohol to the minor drunk driver.
Homeowners who have groups of kids to their home, such as with parties, and allow them access to alcohol also can be held liable under social host liability laws.
No Guilty Verdict
Because of the stiff penalties against minors who drive drunk (which in many ways can be harsher than for adults), many juveniles may plea out to lesser charges in order to avoid these penalties. They may never plead guilty, or have a trial where a jury says they are guilty.
But for the purpose of an injury case, that doesn’t matter—the juvenile doesn’t have to be actually convicted or enter a plea of guilty, to be held liable for injuries the minor caused while driving under the influence.
Call the Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today at 617-275-4200 if you have been injured by a drunk driver, no matter how old or young that driver may be.
Source:
malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section24l
