If you or a loved one were injured in a car accident caused by another driver, you should fight for your rights to get compensation. However, Georgia’s family purpose doctrine may apply if the at-fault driver operated a family vehicle. Understanding what this means is beneficial if you want to pursue a claim with an Atlanta personal injury lawyer.
The Family Purpose Doctrine Explained
The family purpose doctrine is a common law. It makes household members jointly liable for negligence. This law is for when a car or truck accident is caused by an at-fault driver using a vehicle for a family purpose.
The family purpose doctrine applies even if the negligent driver does not own the vehicle. Family members who allowed them to use it for household use can still be responsible. In this doctrine, this is called “vicarious liability”.
This liability makes an otherwise innocent person legally responsible because of the relationship with the negligent driver. This goal is put in place to protect innocent drivers. The doctrine will only apply if the family member(s) knew the negligent driver had access to the vehicle.
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When the Family Purpose Doctrine Can Be Applied
It is important to know when a family purpose doctrine can be applied. There can be some legal complexities if the exact criteria are not met. For a family purpose doctrine to impose liability on a head of household, various factors should be met:
- The family maintained the vehicle
- The driver is a member of the household
- The driver was using the vehicle for a family purpose
- The vehicle was available for convenience or family use
- The driver caused an accident by negligence
The court will decide which factors are met that will determine if the doctrine will apply. It is important to remember that the driver’s negligence must be the direct cause of the accident. There should be no outside factors that could hinder the cause.
The Family Purpose Doctrine Has Been Applied and Refined Over Decades
Georgia adopted the family purpose doctrine through common law court decisions rather than by legislative statute. The 1928 Georgia Supreme Court case Griffin v. Russell established the precedent. They set forth key factors for determining when the doctrine should impose liability on a vehicle owner for a driver’s negligence.
Georgia courts have continued upholding, refining, and applying the family purpose doctrine over the decades since Griffin v. Russell. It remains firmly established in Georgia common law currently. The details of the doctrine have continuously evolved, but the main principle behind it has always stayed the same.
The court will continue to recognize that liability comes from the head of household in this situation. The doctrine will continue to extend accountability beyond the driver who caused the accident. This is important for the other driver to receive fair compensation.
The “Family Purpose” Term Can Be Broad
Georgia courts interpret family purpose quite broadly. A wide range of trip purposes qualify as long as they provide some benefit to the household. These can include:
- Driving to school or work
- Performing household errands
- Transporting family members
- Recreational activities
- Visiting friends and relatives
The key is whether the vehicle was being used to serve family needs and convenience. This factor needs to be carefully considered. Isolated incidents driven solely by the operator’s own personal interests typically do not meet the test.
Family Purpose Doctrine Can Extend to Friends
It is easy to assume this doctrine is just for family members. However, it can extend beyond blood relatives. It depends on who the person got the car from.
For example, if a friend has permission to use the family vehicle regularly, they can be considered a household member for doctrine purposes. If they drive negligently, it can still be considered vicarious liability for the vehicle owner. This is what can make the case a little tricky for some people.
The doctrine may also apply to family members other than the head of household. For example, an adult child who shares access to the car. If they use the vehicle frequently for family purposes, they may be liable if they cause a car accident.
How to Pursue Maximum Compensation Through the Doctrine
The family purpose doctrine helps injured pursue the maximum compensation they deserve. No amount of compensation is promised. However, you can work with a personal injury attorney in Georgia and have access to more resources, such as:
- Checking into family member’s auto insurance policies that may have higher limits or better coverage.
- Accessing umbrella or excess liability policies of family members that boost overall coverage.
- Pursuing claims against family assets and estates if insufficient insurance is made possible by the doctrine.
- Allowing injury victims to avoid covering losses when at-fault drivers have few personal assets.
Various avenues may be used for demanding fair payment from multiple liable parties. It is common for family members to hide assets to get out of paying the maximum compensation. Thankfully, with the doctrine, it can help.
Misconceptions About the Family Purpose Doctrine
Like any area of law, the family purpose doctrine is prone to misconceptions among the public. Injured plaintiffs should be aware of some common false assumptions. Some of them are:
- The doctrine automatically makes family members liable – In reality, several factors must be proven for it to apply.
- Any use of a family car triggers the doctrine – The trip purpose must involve family interests rather than solely personal ones.
- The driver must have express permission – General availability for family use is sufficient, not permission for that specific occasion.
- The doctrine transfers all liability away from the driver – Driver negligence must cause the accident for it to apply.
- The doctrine always makes the owner liable – Other household members may bear responsibility instead, depending on the circumstances.
- The doctrine applies in every motor vehicle accident – Many crashes do not meet the required elements.
It is important to be aware of the misconceptions. A lawyer can help clear up any false assumptions. They can also help you see if a doctrine applies.
Contact a Personal Injury Lawyer in Georgia to See if You Can Use the Family Purpose Doctrine
If you were injured by a negligent driver operating a family vehicle, the family purpose doctrine may work for your case. When you work with a Georgia personal injury lawyer, we can analyze the circumstances and determine if you have enough evidence to pursue the maximum compensation under this doctrine. Contact our team today to schedule a consultation.
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