Family Purpose Doctrine in Georgia Automobile Accident Cases

This article by Georgia personal injury lawyer Richard Armond is designed to give the reader a brief explanation of Georgia's "family purpose doctrine" or "family car doctrine" as applicable to automobile accident cases. The doctrine is one that is rooted in the law of agency and allows a plaintiff to pursue a claim for damages against the owner of an automobile who was not the driver during an accident when, in certain circumstances, a member of the owner's family was driving (in situations where the doctrine is applicable, a plaintiff can sue, for example, the parents of a minor child in addition to the child so that there is a source of recovery for damages).

What is the "family purpose doctrine?"

"The family purpose doctrine in Georgia provides that "[e]very person shall be liable for torts committed by . . . his child . . . by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily." Thus, "when an automobile is maintained by the owner for the use and convenience of his family, such owner is liable for the negligence of a member of the family having authority to drive the car while it is being used for a family purpose."" Dashtpeyma v. Wade, 646 S.E.2d 335, 337 (Ga. App., 2007).

In other words, a parent (or other member of a driver's household depending on the facts) can potentially be held liable under Georgia law for negligent acts of a driver from the household pertaining to the use of the family car for family use. A common example would be parents being held liable for an accident caused by their teenage son who was driving the family car home from school. There are, however, many other scenarios in which the doctrine can apply.

What legal elements muse be present for the "family purpose doctrine" to allow for liability?

There are four necessary preconditions along with a requirements regarding the parent/owner/furnisher's authority and agency under Georgia law. The four preconditions are:

(1) the owner of the vehicle must have given permission to a family member to drive the vehicle;

(2) the vehicle's owner must have relinquished control of the vehicle to the family member; 

(3) the family member must be in the vehicle; and 

(4) the vehicle must be engaged in a family purpose.

Dashtpeyma at 337.

Then, the authority and agency requirements, if those preconditions have been satisfied, are:

". . . [T]he doctrine renders the defendant vicariously liable if [defendant] had the right to exercise such authority and control that it may be concluded that an agency relationship existed between [defendant] and the family member with respect to the use of the vehicle." Id.

What is the purpose behind the "family purpose doctrine?"

"The policy behind the origin of the doctrine was the ever increasing number of automobile collisions and the frequency with which the negligent driver was found to be judgment proof. In the case of a family at least, this factor was minimized by finding liability as to the owner of the car who allowed family members to use the car for family pleasures." Anderson v. Lewis, 809 S.E.2d 260, 261 (Ga. App., 2017).

In other words, it is a policy based principle of law designed to give those people injured in automobile accidents by drivers who do not have funds to cover the losses (example: teen drivers) the ability to pursue the claim against a member of the household of the driver who supplied the car (example: the parent who gave the teen a car).

Conclusion:

This is a very brief summary of an area of Georgia law that can sometimes benefit a person who has been injured in a car accident. Factual scenarios such as whether grandparents supplying a car to a grandchild can be held liable, whether family members are actually part of the same household, and whether the doctrine even applies to certain parents of children depending on parental rights or household living arrangements are just some of the issues that can arise in this area of the law.

The law can be very fact specific when a motion for summary judgment is litigated on the family purpose doctrine and a knowledgeable plaintiff's attorney licensed in the State of Georgia is needed to protect the interests of an injured person.

If you or a loved one have been injured or killed in a Georgia automobile wreck, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Equipment Violations in Georgia Car Accidents

This post by trial attorney Richard Armond of The Armond Firm, LLC, a car accident and trucking accident lawyer in Gwinnett County who handles cases throughout metro Atlanta and the State of Georgia, addresses the importance of equipment violations in car and truck accident cases.

Use of equipment violations in Georgia car accident and truck accident cases by trial attorneys

Title 40 of the Official Code of Georgia Annotated (O.C.G.A.) deals with motor vehicle laws. The most common chapter of Title 40 that Georgia attorneys get questions about is Chapter 6 which addresses moving violations. Title 40, Chapter 6 of the Official Code of Georgia is extensive in length with all manner of rules of the road that keep motorists and pedestrians safe, but which also result in traffic citations (and questions for lawyers).

This post, however, briefly addresses another incredibly important chapter of Title 40, that being Chapter 8. Title 40, Chapter 8 of the Official Code of Georgia Annotated is entitled "Equipment and Inspection of Motor Vehicles." Chapter 8 has the following parts:

  1. General Provisions
  2. Lighting Equipment
  3. Brakes
  4. Horns, Exhaust Systems, Mirrors, Windshields, Tires, Safety Belts, Energy Absorption Systems
  5. Equipment of Law Enforcement and Emergency Vehicles
  6. Equipment of School Buses

Why are motor vehicle equipment violations under O.C.G.A. Title 40, Chapter 8 important to Georgia car and truck accident cases?

Violations of the law involving equipment violations also result in traffic citations. However, in Georgia car accident, trucking accident, personal injury, and wrongful death cases, the code sections in Chapter 8 provide an additional means of proving negligence. 

Many Georgia car accidents and trucking accidents involve clear-cut negligence or fault on the part of one or more drivers who are responsible for injuring a victim in a wreck. However, plenty of times liability is disputed. Evidence regarding a lack of proper maintenance of a vehicle can contribute to proving negligence. Things like improperly maintained brakes, tire tread, and lighting equipment are potential evidence to show negligence. 

You will almost never have a Georgia fatality traffic accident in which the investigating law enforcement officer does not fully inspect all vehicles involved for faulty equipment. However, in other serious injury Georgia car and trucking accidents in which there is not a fatality it is not uncommon for the investigation to be conducted by regular patrol officers instead of specially trained accident investigation officers. 

Why is it important to have a Georgia car accident or trucking accident lawyer involved immediately in a personal injury case?

Evidence disappearance and/or spoliation. When someone is seriously injured in a traffic accident medical care should be priority number one. Attorneys should not give medical advice--an injured person should follow all advice of her treating physicians and other medical providers. However, it is a huge benefit to get a Georgia car accident or trucking accident attorney involved as soon as practicable. 

Georgia attorneys can serve a spoliation letter on the other driver or person having custody of the vehicle. A spoliation letter is basically a legal demand to maintain evidence for use and/or inspection at a later date. Failure to preserve evidence can be used against those who ignore a spoliation letter and can sometimes result in a finding of negligence by a court.

Many times after auto accidents cars are towed to body shops and work begins the next day. Crucial evidence regarding potential equipment violations can be lost if legal representation is not involved early after car or truck accidents in Georgia. 

If you or a loved one have been injured in a car or truck accident in Georgia, please contact Gwinnett County based car and truck accident lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.