Can A Parent Be Held Accountable If A Teen Driver Gets Into A Car Accident?

Getting a driver's license is a rite of passage for teenagers. It's also a time of extreme stress for most parents. There is always a fear that something will go wrong while your child is behind the wheel. Should parents also worry about liability if their teen gets into a car accident?

Most parents assume insurance will foot the bill and send everyone on their way. However, that's not always the case. In some instances, the child's parents may be found liable in a criminal or civil case. That's why it's so important to contact a corpus christi car wreck lawyer if your teenager ever gets into an accident. Here's everything you need to know about teens and auto accidents.

Driving a Car Is a Huge Responsibility

While most teens can't wait to drive, few think about the consequences. Automobile accidents involving teenagers are extremely common. In the United States, motor vehicle accidents are the second leading cause of death for teens. Why is this statistic so high? Teenagers don't have enough experience behind the wheel to make quick decisions. They also are more likely to engage in reckless behaviors, such as speeding or texting. That's why parents pay a premium to insure young drivers.

Driving is a tremendous responsibility, and it often forces teens to make life or death decisions. If an accident does occur, parents may find themselves responsible for their child's actions. In many instances, the victim may seek monetary compensation for damages. Instead of suing the teenage driver, they may choose to go after the parent.

Insurance and Liability

Parents need to teach their teenagers how to be safe when behind the wheel. This education starts before the child gets a license. As soon as a teenager become eligible for a driving permit, usually when they turn 16, it's the parent's responsibility to add the child to their insurance policy. Only after a person is listed on the policy are they considered authorized to operate the vehicle. An adult should also be present at all times until the teen becomes a fully licensed driver.

If a teenager gets into an accident with a learner's permit, the claim goes against the supervising party's insurance. The adult becomes liable for any damages. An accident may also prevent the teen from getting a provisional or full license on schedule. That's why it's so crucial for all new drivers to enroll in an approved education course to learn how to follow the rules of the road.

Once you add a teenager to your auto policy, insurance will cover them in the event of an accident. However, it's important to note that some states have a no-fault policy. This means finding fault is not a determining factor when paying for damages. Instead, each driver's insurance pays for any losses. Those residing in no-fault states may need to purchase personal injury protection (PIP) insurance to cover any medical expenses the other driver incurs. Without PIP, the victim could sue the teen or parent for medical damages.

How to Establish Parental Liability

The laws regarding parental liability vary from state to state. In many states, the driver's parents may be sued based on vicarious liability. Under this rule, a judge may find the parents liable even if they weren't present during the accident. However, a court won't hold a parent responsible for an automobile accident without evidence.

How can a victim prove vicarious liability? Most states, including Texas, require that the victim proves four elements to establish liability. First, it must be proven that the parent entrusted their teenager with the vehicle. Second, there needs to be evidence that the parent showed negligence in letting their child drive. Prior speeding tickets or accidents can establish this. Third, the teenager must be found responsible for the accident. If another party is to blame, any suit against the parent is void. Finally, parents may be liable if the teenager's actions were proven to be foreseeable and preventable.

Teenagers Driving Without Permission

Anyone raising a teen knows they don't always follow the rules. Some teenagers will even take their parent's car without permission. Will the law hold the parent liable if their child wrecks the car? Sometimes the parent is responsible, but sometimes they are not.

As previously stated, the victim must prove the parent entrusted the child with the vehicle. Establishing whether or not the parent gave permission to their child isn't always easy. For example, the parent may claim they didn't explicitly tell their teenager they could drive that day. However, if the car keys are always accessible to the minor, it may suggest implied permission. In this instance, it would be tricky for the parent to prove the teenager wasn't allowed to drive.

On the other hand, if the teenager blatantly steals the parent's vehicle, the parent is not liable for any damages. Instead, the driver of the other car would have to seek monetary damages from the minor. As you can see, proving liability isn't always straightforward, and it's best to hire an attorney to handle cases involving teenage drivers.

Instilling Safe Driving Habits in Teens

While the odds are stacked against teenage drivers, it's still possible to teach your child how to drive safely. In addition to completing a state-approved driver's education course, make sure to explain to your child the dangers of getting behind the wheel. Talk to them about automobile crashes, especially those involving kids their age. Explain to them the dangers of distracted driving. It's also important to start a conversation about the consequences of driving while under the influence. While it may be difficult to discuss these sensitive topics, it may be what it takes to keep your child safe.

Know What to Do in Case of an Accident

Even if your teen is the best driver in the neighborhood, they are not immune from auto accidents. Teenagers need to know how to respond after a wreck. Make sure they know to call for help, exchange information, and take pictures at the scene, if possible. Seeking legal counsel may also be necessary to protect both your child and yourself following an automobile collision. A lawyer will help determine whether or not you are responsible for your teen's driving error. Get in touch with an attorney to discuss the facts of your case.