Getting a driver’s license and access to the family car is a rite of passage for most teens. However, even though a teen has a driver’s license, they may not yet possess the wisdom, maturity, and experience required to make safe decisions behind the wheel. This lack of experience can lead to a high risk of car accidents, putting not only the teen driver at risk but also other road users. The potential for accidents means that parents of teen drivers face significant liability concerns. Understanding the factors that increase crash risks among teens and the legal implications of these accidents is crucial.
Navigating the complexities of cases involving teen car accidents can be challenging, but the experienced attorneys at Byrd Davis Alden & Henrichson LLP are here to help. We can provide a free consultation to discuss your case and help you pursue the maximum compensation you deserve. Contact us today to schedule your consultation.
If a Teen Driver Causes a Crash, Can You Sue the Parents?
Getting a driver’s license and access to the family car is a rite of passage for most teens. However, even though a teen has a driver’s license, the teen may not have the wisdom, maturity, and overall experience that it takes to make safe decisions behind the wheel.
For this reason, teens face a high risk of getting into car accidents, and their parents face the risk of liability as well. Understanding parental liability is crucial for both parents and parties who may have been harmed as a result of a teen who is an incompetent or reckless driver.
Many Factors Increase the Crash Risk Among Teens
The Centers for Disease Control and Prevention (CDC) reports that car accidents are a leading cause of death among U.S. teens. In fact, teens are three times more likely than older drivers to be involved in a traffic accident.
Even though drivers between the ages of 16 and 19 represent only seven percent of all drivers on the road, teen driving accidents are responsible for 11 percent of motor vehicle accident costs, which average roughly $10 billion each year.
According to the CDC, the factors that increase car accident risks among teen drivers include:
- Lack of experience, which leads teens to underestimate dangerous conditions or to make critical driving errors
- Reckless driving behaviors such as speeding and tailgating in order to impress friends
- Poor decisions, such as driving under the influence of alcohol or drugs
- Distracted driving, such as texting, talking on cell phones, taking pictures and interacting with passengers while behind the wheel.
If you or a loved one is the victim of one of these teen accidents, you may wonder whether the teen’s parents can be held liable for the damages you have suffered.
Parent Liability for Child Auto Accidents
In some states, the “family car doctrine” applies when a teen causes an auto accident. Under this doctrine, a parent’s liability is based on the premise that the parent supplied the car for the child’s use. However, Texas is among more than two dozen states that do not follow the family car doctrine.
However, under the legal theory of negligent entrustment, a parent could still be held liable when teenage drivers cause a car accident. Under this theory, liability is based on the fact that the vehicle owner allowed it to be used by an unlicensed, incompetent, or reckless teenage driver.
To establish a parent’s liability under this legal theory, you must prove four basic elements:
- The parent entrusted the car to the teen. The evidence may show that the parent customarily lent the car to the teen for the purpose of driving to work or going to social activities.
- The parent showed negligence in entrusting the vehicle to the teen. The evidence may indicate that the parent knew or should have known the teen was reckless or incompetent as a driver. For instance, the teen may have a series of traffic violations or past accidents.
- The teen driver was responsible for the accident. Eyewitness statements, accident scene evidence, and input from accident reconstruction experts can help to establish the teen’s fault.
- Entrustment of the vehicle to the teen served as the proximate cause of your damages. You can meet this element by proving that the accident was a foreseeable outcome of the parent’s decision to lend the vehicle to the teen.
In Texas, parents can still be held liable for a teen driver’s car accident under the legal theory of negligent entrustment, even though the state does not follow the family car doctrine. By proving the four basic elements of negligent entrustment, victims can seek compensation for their damages. Understanding these legal principles is crucial for those affected by accidents involving a teen driver.
Protecting Yourself When You Have a Teen Driver
According to the Department of Public Safety (DPS), teens in Texas must participate in a graduated license program before they can obtain full driving privileges. In this program:
- A teen must obtain a learner’s permit at age 16. If the teen has no traffic accidents or violations, the teen can graduate with a provisional license after six months.
- The provisional license restricts the teen from traveling with more than one passenger who is not a family member and prohibits the teen from driving between midnight and 5 a.m. unless the travel is for work or school purposes.
- If the teen has no traffic incidents, the teen may graduate to a full license at the age of 18.
To keep teens safe and to avoid parent liability for teen accidents, DPS advises parents to do the following:
- Model good driving behavior for your teen.
- Limit the teen’s driving during evening hours and on weekends (when most teen accidents occur).
- Limit the number of passengers the teen can have in the vehicle.
- Educate the teen about the dangers of distracted driving, driving under the influence, and other dangerous driving behaviors.
By following the Department of Public Safety’s guidelines and setting clear rules, parents can help ensure their teen drivers stay safe on the road. Proactive education and modeling good driving behavior are key to reducing the risk of accidents and avoiding potential liability.
What to Do if a Teen Driver Hits You
If you suffer injuries in an accident that a teen driver causes, you may be entitled to compensation through an insurance claim. To protect your rights to compensation for the injuries you suffer, follow these steps if a teen driver hits you:
- Stop immediately at the scene and notify law enforcement.
- Get personal contact information and insurance information of all other drivers involved in the crash.
- Get contact information for any witnesses at the scene.
- Get medical attention (even if you think your injuries are minor).
- Notify your insurance company as soon as possible.
Before you make any statements to insurance company representatives or accept a settlement offer, first contact an experienced attorney. We can provide a free consultation with an experienced Austin car accident lawyer who can help you pursue the maximum amount you are entitled to receive for the damages you have suffered. A car accident can cause serious injuries, and while a teenage driver may not set out to cause harm, it can be incredibly difficult to deal with the aftermath of an accident. A personal injury lawsuit gives injured parties the opportunity to ensure negligent parties are held liable for damages.
Contact Our Experienced Car Accident Lawyer Today
Getting a driver’s license and access to the family car is a rite of passage for most teens. However, even if a teen has a driver’s license, they may lack the wisdom, maturity, and overall experience needed to make safe decisions behind the wheel. For this reason, teens face a high risk of getting into car accidents, and their parents may face the risk of liability as well. Understanding the legal implications when a teen driver causes a crash can help victims seek appropriate compensation and hold the responsible parties accountable.
If you have been injured in an accident caused by a teen driver, it’s crucial to understand your rights and options for seeking compensation. The experienced personal injury lawyers at Byrd Davis Alden & Henrichson LLP are here to help. We can provide a free consultation to discuss your case and guide you through the process of pursuing the maximum compensation you deserve. Contact us online or call (512) 454-3751 today to schedule your consultation and take the first step towards securing justice and recovery for your injuries.