Father has recently been told that he is no longer legal to drive because of vision issues. Because I know of his condition, and he continues to drive, would I be in any way liable if he gets into a car accident?

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Father has recently been told that he is no longer legal to drive because of vision issues. Because I know of his condition, and he continues to drive, would I be in any way liable if he gets into a car accident?

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Asked on August 2, 2018 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You would only be liable if he has been found by a court to be incompetent and you are actually his legal guardian, with authority/power over him.  A legal guardian is responsible for the person they are guardian over, and so could be liable if they permit him to drive when he should not. But if you are not his legal guardian, you have no duty to or for him, and no power or authority to make him stop driving. Merely knowing that someone else poses a risk does not make you liable unless you are legally responsible for them.


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