Turning the Keys over to Johnny: Letting your Child Drive
The decision to let your child finally drive the family car is one requiring the ultimate exercise of good parental judgment. A parent must honestly weigh the maturity of their child, their need for independent transportation, the cost of insurance, a car, and the dangers and potential risks the child may face when you, the parent, are not there to provide continuous feedback and safe driving pointers.
Florida laws require a “responsible adult” to assume legal responsibility for the child’s negligent or willful misconduct while driving on a highway. This law is enforced when the under 18 child applies for a driver’s license by getting a “responsible adult” (usually a parent) to sign the application with them. F.S. 316.09 says that the child’s conduct is “imputed” to the responsible adult. In addition, the child’s driver’s license may be suspended if the under 18 child drops out of school. F.S. 322.091
Oprah’s website about the “No Phone Zone” is an excellent and fun place to help start a conversation with your child about the dangers of texting or talking on the cell phone while driving. I recommend you and your child together take a look at http://www.oprah.com/packages/no-phone-zone.html. It has some really fun quizzes to test your knowledge about texting or talking on a cell phone. It gives really good examples your child can identify with about the very real dangers of distracted driving.
It only takes a second or two to change a life forever. I took the quiz and only got 2 out of 5 questions right!
For a discussion explaining Texting and Negligence, look at my website at http://www.palmcoastinjurylaw.com/2010/02/articles/understanding-the-legal-proces/understanding-texting-and-negligence/
A parent who signs the Application with their child should obviously get insurance coverage for them. In my opinion it is better to add a child on the family auto insurance policy rather than getting separate minimum coverage policy. Buying a car and titling it only in their name does not protect the parent from liability under FS 322.09.
In Florida a huge percent of drivers on our roads HAVE ABSOLUTELY NO INSURANCE. That means if an uninsured motorist runs a light and crashes into you or your child, no one will be able to pay the medical bills unless you have prudently bought a nice policy with “Uninsured or Underinsured” motorists coverage. Think of UM as standby insurance to protect the most important things in your life: Your family members. I can tell you from experience in handling cases for Flagler county clients, rarely do they get out of the Emergency room with less than $20,000 in hospital and doctors bills. The high cost of medical care is a reality. Thus, the need for as big a policy of Uninsured coverage as your budget will permit.
