100% Free Consultation 903-597-6000

Can You Sue a Family Member for Injuries Resulting from a Car Accident?

Mar 28, 2017 - Car Accident by

Can You Sue a Family Member for Injuries Resulting from Vehicle Accidents?If you are riding in a car driven by a family member, can you sue if he or she causes an accident and you are injured? Also, if you are the driver, are you protected from being sued by other family members who are injured as a result of your driving?

Spousal Suits

In some states, married couples are viewed as “whole units,” as opposed to two separate units, and subsequently are not permitted to sue one another for negligence in a vehicle accident. However, many states do allow these types of lawsuits, including Texas. One spouse may be able to receive compensation for damages from the other spouse’s insurance company.

Parent-Child Suits

Generally, the same “whole unit” rule applies to a parent and child suing one another. Some states allow it, while others do not. Others have exceptions that allow a parent and child to sue one another, usually in cases that involve:

  • An emancipated child
  • A wrongful death
  • Assault and battery

Also, in some states, if a parent causes accident-related injuries to his/her child, the other parent may be able to sue the driver parent for medical expenses.

Other Relationships

Usually, a stepparent and stepchild are permitted to sue one another for negligence because they are not biologically related. In addition, lawsuits among siblings are usually permitted. In most states, siblings are permitted to sue one another for negligence related to vehicle accidents.

The law pertaining to suing other family members for vehicle accident injuries varies from state to state, and sometimes changes within a state. Before taking any action regarding such a case, it would be best to learn about the laws in your state as well as where the accident occurred.

The attorneys of Roberts & Roberts have the skill, experience and resources to fully investigate any serious accident or death.  If you have a question about an accident involving a serious injury or fatality, please call 800-248-6000 or contact us for a free consultation.

About The Author

Free, Confidential Case Review

Find out how we can help you. Get started now by filling out the form below or by calling (903) 597-6000. Your case review is free and confidential.

Contact Us (Standard)
Your Name
Your Name

Our Personal Injury Lawyers Are Featured in the Top 100 Personal Injury Trial Lawyers Our Personal Injury Attorneys Have Been Texas Super Lawyers for Decades Our Personal Injury Attorneys Have Been Recipients of the Mult-Million Dollar Advocates Award for Personal Injury Lawyers

From one former client:
"I am so happy to have chosen the best law firm around. The staff is amazing in handling your questions promptly. I hope I don't ever need them again, but if I do, there is no question I will be back. Thank y'all so much for helping me." - Heather N.