Can a Parent Be Sued for a Car Accident?

Can a Parent Be Sued for a Car Accident?

By:
Stephen M. Smith
Stephen M. Smith
|
Last Updated:
August 9, 2024
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A teen driver moments before causing a car accident begs the question: Are parents liable for children’s car accidents?

Who's Responsible When Teen Drivers Cause Accidents?

Sharing the roads with others can mean a less-than-desirable amount of adventure in our drives, and this is especially true when we share the roads with teens and young drivers.

Regarding parents of those teens, we trust that they have done their jobs in appropriately preparing their children to be safe and responsible drivers, even as they are learning. But what happens if a minor crashes a car and injures you?

If you have been injured in a car accident caused by a teenager, you may be wondering are parents liable for children's car accidents. To determine what this looks like in your specific case, you need an experienced car accident lawyer at The Smith Law Center. You can contact us for a free case consultation online or call us at (757) 244-7000.

Teens Pose an Increased Risk of Accidents

Driving is like any skill in that if you practice, you get better. With this in mind, it is no surprise that teens have the highest rate of accidents of any other age group. 

The Centers for Disease Control and Prevention (CDC) reports that nearly 3,000 teens aged 13-19 were killed in accidents in the most recent reporting year, and nearly 230,000 were in car accidents. 

Teenagers are not known for their stellar judgment, and the above-referenced CDC data supports that they are more likely to underestimate the danger of a situation or to make a significant error in decision-making.

This pattern of behavior facilitates recent data from the Insurance Institute for Highway Safety (IIHS) that shows the rate of fatal accidents among 16-19-year-olds is three times higher than among drivers 20 years old and up. If a loved one has been killed in an accident by a teen driver, you may benefit from speaking with our wrongful death attorney.

In addition to a lack of experience to make accurate judgments, teens are likely to engage in distracted driving behavior. The CDC reports that, in fatal crashes, drivers aged 15-20 years old were more likely to be engaged in distracted driving than those aged 21 and up. This behavior also makes teens more likely to follow too closely, resulting in Virginia rear-ending accidents.

Everyone starts somewhere, and while we know teens are likely to make more mistakes on the road, it is unfortunate that they can come with such lethal consequences.  

If you were injured by a teen’s careless driving, our team can help you figure out who is responsible and how to go about getting you the compensation you need during your recovery. Reach out to The Smith Law Center online or call (757) 244-7000 to chat with us about your situation.

Can You Sue A Minor For A Car Accident?

Generally, a minor will not be held personally responsible for a car accident. In most cases, if the child contributed to the accident, the claim will be filed with the parent’s car insurance, likely resulting in a premium increase. However, there are some specific cases where the parents may be held liable. 

These laws are based on the concept of “vicarious liability,” which holds parents accountable for the actions of their minor children. Below are a few examples that shed light on are parents liable for children’s car accidents.

Consent to Unlicensed Driver

If a parent allows their unlicensed child to drive the car and the child causes an accident while they are out, this may come back to the parent. 

While some states do not necessarily hold the parent to vicarious liability, some situations may apply. If you have questions about whether this applies to your specific situation, you can speak with a car accident attorney at The Smith Law Center. 

Negligent Entrustment

Negligent entrustment is a legal principle that, in this case, indicates the parent had reason to believe their child was likely to act recklessly or negligently and cause an accident. 

An example of this may be if a parent allows their child to take the car to a party where they know their child is likely to become intoxicated or otherwise under the influence before driving back. Due to previous rulings, this is not likely to be a convincing argument in a situation where the child may have previous citations or minor infractions. 

Unsafe Vehicle

If parents knowingly allow their child to take a vehicle that is in disrepair and whose poor maintenance causes an accident, they may be held responsible. This concept refers more to the owner of the vehicle than the parents of the child in the accident. You may want to consult an attorney if you suspect this may apply to your case. 

Who Is Responsible for Financial Consequences of a Minor Driving?

Insurance coverage is a major factor in determining who is responsible for financial consequences of a minor driving. If the parent does not have adequate coverage that extends to their child, then the financial burden for the accident caused by the minor may fall on the parents.

That’s why it’s important for parents or guardians to consult with their insurer to list all family members of legal driving age on their insurance plan.

What Happens If a Minor Crashes a Car and You’re Injured as a Result? 

The immediate aftermath of a car accident with a teen may be overwhelming, and you may not be sure what to do. Some of the top 5 mistakes people make after a car accident include not seeking medical attention immediately after the accident and not calling a lawyer right away.

When you seek medical attention following an accident, you start the trail of documentation for your injuries. This is primarily for physical injuries that need treatment but may also prepare you to look out for symptoms of anxiety, depression, or Post Traumatic Stress Disorder. These can be quite common after a car accident and should not be overlooked. 

Many people may feel that calling a lawyer immediately after an accident is extreme. They may wonder if they need a lawyer, but contacting a car accident attorney quickly will protect your rights and support your goal of recovering the maximum compensation available. 

The sooner you contact an attorney, the more opportunities they have to help you protect valuable evidence and build a strong case. Plus, they will help you answer the question early on in your situation: can a parent be sued for a car accident?

The Smith Law Center Is Here for You After a Car Accident

If you have been injured in a car accident with a teen driver, you should not have to bear the weight of the consequences on your own. 

When you reach out to The Smith Law Center, we can help you explore all available options to recover fair compensation. If the at-fault party’s insurance limits don’t cover all of your costs, we can explore a personal injury claim against the driver or their parents if the situation is appropriate. 

The Smith Law Center has a reputation for diligently fighting for our clients for over 75 years. Our results show how effective we are, with over one billion dollars recovered for victims and their families. 

Contact us online or call (757) 244-7000 for a firm where you can trust you are in good hands legally, so you can focus on recovering physically and mentally.

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