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Can a parent or guardian be held liable for a minor’s motor vehicle accident?

9/24/26

By: Lucas Harrison

The Kentucky Court of Appeals recently considered whether a legal guardian could be held responsible for a tragic motor vehicle accident involving a seventeen-year-old driver that resulted in two fatalities and serious injuries to another passenger. In Estate of Selena Gilbert Lee et al. v. Jeffrey Cross et al., the court affirmed summary judgment in favor of the guardian, finding they were not responsible for the minor driver’s actions under multiple theories of liability.

The minor driver owned the vehicle involved in the accident. She purchased it with her own money from several personal sources. The guardian did not contribute to the purchase, did not hold title to the vehicle, and did not control its use. At the time of the accident, the minor driver and the passengers had secretly skipped school and went on an unauthorized out-of-state trip without the knowledge of their parents or guardians.

The passengers’ families argued the guardian should be liable for the minor’s actions under the Family Purpose Doctrine, negligent entrustment, KRS 186.590 (statutory liability for allowing/furnishing a minor’s operation of a motor vehicle), and negligent supervision. The Court of Appeals rejected each argument. The fact that the guardian did not own, maintain, furnish, or control the vehicle was highlighted. The court also found there a lack of evidence that the minor had a history of dangerous driving that would have made the accident foreseeable. As the vehicle belonged to the minor driver and the guardian could not anticipate the minor’s actions, liability could not be imposed.

The Court of Appeals has designated this opinion to be published, but discretionary review at the Supreme Court of Kentucky is being sought. If ultimately upheld, liability for a minor driver’s actions in Kentucky should be evaluated thoroughly and carefully. Courts will be required to closely examine whether the adult owned, controlled, maintained, or furnished the vehicle and whether the harmful conduct was reasonably foreseeable given the specific circumstances present. This opinion highlights the importance of actual control over the vehicle or knowledge of prior dangerous behavior before liability may be imposed on a parent or guardian for a minor driver’s conduct. The attorneys at Freeman Mathis and Gary are skilled at defending motor vehicle claims. Lucas Harrison and the attorneys at FMG may be contacted further for questions or comment.

For more information, please contact Lucas Harrison at lucas.harrison@fmglaw.com or your local FMG Law attorney.

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