Missouri, hold drunk drivers and gun owners accountable to orphans of parents they kill

Death from a senseless act of violence is tragic, especially when the victim leaves behind a young child. Further compounding the lasting heartache, those in the tragedy’s wake are often left financially vulnerable.

This past spring, Missouri state Rep. Mike Henderson, a Republican from Bonne Terre, introduced a bill in the Missouri General Assembly to force a drunk driver to pay child support if they kill the parent of a minor. Comparable bills are under consideration in Alabama, Illinois, Louisiana, Oklahoma, Pennsylvania and Virginia, while Republican Tennessee Governor Bill Lee signed a similar bill into law on May 25, 2022.

Missouri’s draft legislation is a good start, but lawmakers should go further. All auto liability policies in the state should include dependent support coverage should the policyholder drive under the influence and take the life of a parent or guardian. After all, putting offenders on the hook for a bill they cannot pay does not help the victim’s family. A coverage mandate could ensure those harmed can more quickly and sufficiently weather the unanticipated added financial pressure.

Care and support for minors rendered economically vulnerable by a parent’s sudden and tragic death should not stop at those afflicted by drunk driving. Lawmakers should similarly mitigate the financial exposure of children who lose a parent to criminal gun violence.

This past January, the city of San Jose, California, passed a law requiring gun owners to obtain liability insurance, after a similar effort failed in the California State Assembly in 2013. Massachusetts and New York state are also considering a liability insurance requirement for gun owners.

Missouri lawmakers advocating for legislation requiring financial support for minors impacted by drunk driving should consider a gun liability insurance mandate to aid children affected by gun violence. Such a mandate would likely have a minimal financial impact on responsible gun owners, and could even be offset by a state income tax credit.

By embracing a traditionally conservative market-based approach, insurance companies would price gun liability policies based on their own risk assessment. A March 2022 article in The Trace, a gun violence investigative news site, quoted Peter Kochenburger, a professor and insurance law expert at the University of Connecticut School of Law, articulating the means of insurers to encourage safer behavior:

“Before seat belts, airbags, and anti-lock brakes became standard in cars, insurance companies rewarded drivers with premium discounts for buying vehicles that came with such features. Homeowners get discounts for installing smoke and carbon monoxide detectors, erecting childproof fences around swimming pools, and buying homes close to fire stations. Instead of mandating safe gun storage directly, by requiring insurance coverage, ‘the enforcement mechanism is financial,’ Kochenburger said.”

Insurance companies are constantly devising ways to more accurately assess risk, and have long enticed drivers and homeowners toward more prudent decisions with reduced premiums. They could do the same for gun owners.

In the spirit of protecting vulnerable dependent children, I propose lawmakers and voters support innovating Missouri’s insurance requirements. The right changes could encourage safer behavior from both drivers and gun owners, while weaving a more robust financial safety net in the shattered world of an innocent young person.