Who Has Legal Liability When a Teen Driver Causes a Motor Vehicle Accident?
Who bears the legal liability when a teen driver causes a motor vehicle accident? Can parents be held responsible for the actions of a minor child? When a motor vehicle accident causes injury or death, the teen driver or even their parents can be held liable for the accident.
Teen Accident and Fatality Rates
The fatal crash rate for drivers aged 16-19 is roughly three times higher than it is for drivers over the age of 20. In 2017, 2,476 teens died in motor vehicle collisions, with the majority being 18-19 years old. This makes motor vehicle accidents the second leading cause of death for American teenagers. Approximately 25% of these accidents involve teenage drivers.
In 2018, the fatal crash rate for teenagers aged 16-19 was 16.6 per 100,000 people. This was the second-highest rate in the country behind drivers 20-34, who had a rate of 20.5 per 100,000.
Causes of Teenage Driving Accidents & Deaths
Driver inexperience is the leading cause of teen driving accidents. They are more likely to underestimate danger and more likely to overcorrect/undercorrect in a critical situation.
Night driving is responsible for roughly 37% of teenage driving accidents. Weekend evenings are most dangerous, with Friday, Saturday, and Sunday nights accounting for roughly 52% of all teenage driving deaths.
Distracted driving is a common teen driving behavior. Even though it is against the law, in 2019, it was estimated that nearly 39% of teens texted or emailed while driving. This is more than teen drivers who admitted speeding. In 2018, nearly 30% of males, and 18% of females, were involved in accidents caused by speeding.
And, there's also drinking. In 2018, surveys showed that 16.7% of teens got into a car with an intoxicated driver. Unsurprisingly, 15% of fatal accidents involving teens that year involved an intoxicated teenage driver.
Legal Liability of Parents
The doctrine of vicarious liability can be applied when a parent loans their vehicle to the teenage driver. The parent can be held liable for failing to maintain the vehicle properly. They can be liable for failing to ensure the driver knew how to properly and safely operate the vehicle. And, they can be liable if they allow the driver to operate the vehicle while under a restricted or suspended license or while under the influence of drugs or alcohol.
Legal Liability of Teenage Drivers
As with all motorists, teen drivers are legally liable for their own actions. Thus, teenagers who cause an accident while speeding, while driving distracted, while drowsy, or while intoxicated are liable for the personal injuries, property damage, and wrongful deaths their actions cause.
Legal Liability of Passengers
While rare, passengers in a teenage driver's vehicle can also be held liable for causing an accident. For example, if the passenger engages in any action that deliberately distracts the driver from driving or prevents them from safely operating the vehicle. For example, by grabbing the steering wheel or obscuring the driver's field of vision.
Contact Brad Pistotnik Law at 1-800-241-BRAD or call us on our local line at 316-684-4400. Brad Pistotnik is a motor vehicle accident attorney in Kansas. We represent individuals injured by teenage drivers. We represent clients pursuing personal injury claims and wrongful death lawsuits in Kansas, Nebraska, Missouri, and Texas. It is our pleasure to schedule a free consultation to discuss your claim and the legal liability of the defendant(s). If you can't come to us, we will come to you. You can call Brad Pistotnik on his cell at 316-706-5020. You can reach Tony Atterbury on his cell at 316-617-9237.