Re: Unlicensed 13-Year-Old Crashed a Car During a Joyride
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jk
then, an accident, by definition, cannot be willful nor malicious.
I don’t think that a 13 y/o willfully “joyriding,” resulting in a collision, can rightfully be defined as an “accident.” Depending on the specific actions that led to the collision, at best it would be negligent and more than likely reckless. In fact, it might well have been deliberate…those facts have not been shared by OP. Although, under the circumstances, she probably won’t be charged with it, the kid certainly willfully and maliciously committed the crime of taking a motor vehicle without permission (unless OP tells us that the aunt gave permission…which would open up a whole different can of liability worms!) That willful and malicious action (taking MV) was certainly a proximate cause for the collision.