Should a Parent Be Held Liable for a Teen Driver Who Causes a Fatal Crash?

There is a legal precedent set for parents to be charged in connection with their children's actions.

Fact checked by Sarah ScottFact checked by Sarah Scott

A fatal crash involving a teenager whose parent warned him repeatedly not to speed—may end with charges being filed against the teen's mom. Kiernan Tague, 17, of Grosse Pointe, Michigan is accused of driving 105 mph in a 25 mph zone on November 17, 2023, when he crashed his BMW X3 M series, killing his friend, 18-year-old swimmer Flynn MacKrell.

Tague has already been charged with second-degree murder and is awaiting trial. However, according to the Detroit Free Press, MacKrell’s mom, Anne Vanker, is also asking the County Prosecutor to file criminal charges against the driver’s mother, Elizabeth Puleo-Tague.

Vanker believes Puleo-Tague could have stopped the accident from happening since she was well aware of how dangerous her son was driving. She’d been tracking his activity on the app Life360. One text she sent her son said, "I have screenshots of you ... doing 123 mph ... It scares me to my bone."

Is There a Legal Precedent For Parental Liability?

The short answer is, yes.

“Over the past 20 to 30 years there has been an increase in criminal responsibility of parents for acts of their children," says Michael Benza, MA, JD, Professor of Practice, School of Law at Case Western Reserve University.

It’s the idea that under criminal law, parents have a duty to protect the public from the acts of their children—and have a duty to prevent the children from committing crimes, according to Benza.

“There is a common legal theory that parents are responsible for the acts of their children,” he explains.

When it comes to the car accident, the victim's mother is of the opinion that the driver's mother used his BMW as a weapon, much like another high-profile Michigan case.

In 2021, Ethan Crumbley opened fire at Oxford High School, killing four classmates. Not only is the teen serving a life sentence, but his parents, James and Jennifer Crumbley, were convicted of involuntary manslaughter and are currently incarcerated.

More recently, 14-year-old Colt Gray allegedly killed two classmates and two teachers at Apalachee High School in Winder, Georgia. Police say his father, Colin Gray, bought him the gun. This was after the FBI had questioned both Grays for Colt’s violent threats against the school on social media, per the New York Post.

The thought is parents can be reckless or negligent by giving children access to weapons, or not reporting or intervening when they know of a danger, as with the speeding teenage driver.

That case Benza explains, “is similar to these shooting cases and differs only in relative severity and publicity.” He adds, “But it is a similar legal theory.”

Responsibility vs. Liability

Lauren Johnson-Norris, J.D. a California-based attorney with 18 years of experience defending clients in juvenile cases agrees.

“We are seeing a recent trend in cases where prosecutors are asking juries to hold parents responsible for criminal acts committed by their children,” she says.

In Johnson-Norris’ opinion, though, the trend is not sustainable.

“We have seen a few cases where parents have been charged because they are believed to have acted so negligently that a jury believed they should be held responsible," Johnson-Norris explains. "These cases evoke a strong emotional response from the community, but the law is required to evaluate culpability without emotion.”

"There is a difference between how we feel a parent should act morally and what the law requires of them legally. "

Lauren Johnson-Norris, J.D.

"There is a difference between how we feel a parent should act morally and what the law requires of them legally," Johnson-Norris says.

That being said, she also adds, “Parents need to be mindful that there can be legal consequences for their children’s actions.” That can include being sued in civil court for untold sums of money.

Ultimately, at the time of writing, it’s not known if Colt Gray’s father will be convicted—nor is it known whether Puleo-Tague will be charged in MacKrell’s death.

“In these cases, the prosecutors should be very careful in what they charge and how they present the evidence," according to Benza. "What these cases turn on is the mental state of the parent. Sort of what did they know, when did they know it, and what did they do or not do about it.”

How To Keep Your Teen Driver Safe

As the mom of a new teen driver myself, of course, I want to protect her—and others on the road. We talk about safety every day—I remind her not to text and drive, and she is required to text me whenever she gets somewhere.

“I advise my juvenile clients’ parents to talk with their kids about driving safety and implement rules for new drivers,” Johnson-Norris tells Parents.

This is especially crucial given that according to the National Transportation Safety Board (NTSB), “Vehicle crashes are the leading cause of teen deaths.” That sobering statistic is why the NTSB recommends multiple measures aimed at making driving safer not only for teens but for everyone on the road.

In a statement to Parents, the government agency said, “We recommend vehicle-based technologies that limit speeding and can avoid or mitigate collisions. Other recommendations are aimed to prevent cell phone use while driving except for navigation or emergency situations.”

According to the National Highway Traffic Safety Administration (NHTSA), many car manufacturers already offer vehicle-based technologies as standard or optional safety systems.

The NTSB also offered these tips:

• Placing cell phones in ‘Do Not Disturb’ mode while driving.

• Modeling safe driving for teens, from parents wearing seatbelts, to not using their phones, following the speed limit, and not operating a vehicle while impaired.

• Restricting teens’ driving to a safe environment at first before they are permitted to operate a vehicle at night, or on the highway.

Meanwhile, some states have graduated driver's license laws that prevent teens from being in risky situations right away, according to the NTSB. But it’s up to us as parents to enforce the rules we feel are appropriate for our new drivers—and revoke privileges when deserved.

For more Parents news, make sure to sign up for our newsletter!

Read the original article on Parents.