Teens are the most at-risk drivers. A combination of inexperience and brain chemistry that promotes risk-taking behavior is partially to blame for the fact that 203,000 young drivers aged 15-20 sustained injuries in car accidents in 2021. Even though teenage drivers are only 5% of all drivers on the road, they are involved in 8.4% of fatal accidents.
When teens start driving, they usually want to gain more independence. However, it also comes with risks, especially if they get into a car accident. Many parents wonder if they can be liable for damages if their teen driver causes a crash.
Zayed Law Offices, an experienced car accident law firm in Chicago, shares key factors determining liability.
Teen Car Accidents and Parental Responsibility Laws
Most states have parental responsibility laws that can make parents financially liable for any damage caused by their minor child. These laws assume parents must control their child’s behavior.
If your teen causes an accident, the victims can come after you as the parent or legal guardian to pay for their losses. The extent of your liability depends on your state’s specific laws. Some states limit how much parents pay, while others hold parents fully responsible.
In Illinois, for example, a parent can be held liable if a teenager uses the car for a family errand and has a car accident. Still, if the teenager was driving for their own purposes, a parent is not responsible. However, it is best to take legal advice from an experienced car accident lawyer.
Car Ownership and Insurance
Who owns the car your teen is driving also plays a role in liability. If the car is registered under your name, you’re more likely responsible for any damages in an at-fault car accident. The same goes if your teen is covered as a driver under your auto insurance policy.
By contrast, your liability is lower if your teen uses their car registered and insured in their name. Their insurance would be primary in the event of a claim. Still, you could be sued for negligent entrustment if you allowed an unsafe driver to operate a vehicle.
Car Accident Victims Can Pursue Negligent Entrustment
Many states allow accident victims to pursue a negligent entrustment claim against parents. This means the parents should have known their teen was an incompetent, reckless, or unlicensed driver, but still entrusted them to drive.
If you allow a 16-year-old to drive without any instruction or supervision, that could be grounds for a negligent entrustment suit. Plaintiffs can argue you failed in your parental duty to ensure your teen could responsibly handle driving.
Parents Could Face Punitive Damages After a Car Accident
In some cases, parents could face punitive damages exceeding compensatory damages. This occurs when the teen driver exhibits extreme recklessness, like drunk driving. Courts aim to punish egregious behavior.
If parents actively enabled reckless driving by their teens, juries may award sizable punitive damages. For example, if parents purchased alcohol for an underage drunken driving accident.
Participate in Your Teen Driving Learning Process to Reduce Your Liability
To minimize liability, actively participate in your teen’s learning process. Enroll them in driver’s ed courses, get them professional lessons, and require many supervised driving hours. Show you are making diligent efforts to help them become safe, responsible drivers.
Your main goal should be keeping your teen and others on the road safe. With preparation and involvement, you can reduce potential liability.
