How to Deal with a Car Accident Involving a Teen Driver

How to Deal with a Car Accident Involving a Teen Driver

Felix Yim 10/03/2024
How to Deal with a Car Accident Involving a Teen Driver

Car accidents can be overwhelming.

In most cases, injuries and other damages may arise, resulting in substantial medical bills and other expenses related to the crash. It even gets more frustrating if the driver who hits you is a teenager. 

Fortunately, you can still file a car accident claim to receive compensation for the damages, even if the at-fault party is a teen driver. In such an instance, the guardian or parent should cover the damages. 

If a teen driver hits you, this article will help you protect your legal rights in a car accident by helping you understand the legal process for such a case.

What is a Car Accident Claim, And How Can I File for One?

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If your vehicle is struck by another driver, resulting in injuries and damages, you can file a car accident claim. This claim aims to seek compensation for the various expenses associated with your injuries, including medical bills and vehicle repair costs.

However, not all individuals involved in car accidents have the right to pursue car accident claims. You can only follow a case if the accident results from another driver's negligence. In such instances, you must demonstrate their liability through the following elements:

  • The driver was responsible for ensuring everyone's safety.

  • They failed to fulfill this duty.

  • Their negligence resulted in an accident.

  • The accident caused injuries and other damages.

How to File Car Accident Claims Involving Teen Drivers

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More often than not, drivers who are hit by a teen driver avoid filing a claim, thinking they are free of liability because they are underage. That's not the case. When a teen driver hits you, you still have the right to pursue a car accident claim to receive compensation for the damages.

Step 1: Determining Liability

You should determine the liable party before filing a case in a car accident. In most cases, the guardian or parent of the teen driver is responsible for covering the expenses under the following principles:

Negligent Entrustment

A legal guardian or parent may be subject to legal consequences if they negligently allow a young driver, recognized as hazardous, unfit, or incapable of safely operating a vehicle, to use a car. This is because the individual providing the vehicle was aware, or should have been aware, that the young driver posed a danger to others due to their lack of experience, incompetence, or a track record of reckless behavior.

For instance, a male teen driver's guardian allowed him to drive to a party, knowing that the adolescent would consume alcoholic beverages at the said party. While the young driver was going home to Newport Beach, they neglected a stop light and ended up hitting you. 

In this case, the guardian should pay for the damages from the crash. A Newport Beach car accident lawyer can help you determine your guardian's liability in such instances. 

Vicarious Liability

Vicarious liability is a legal principle that imposes responsibility on parents or guardians for the actions of their minor children when those actions lead to harm to others. In the case of a car accident involving a teenager under 18, if the young driver's negligent behavior results in a collision causing injuries or other forms of harm, both the accident and the child's actions may hold the parents or guardians accountable.

Driving Privilege Application

In a car accident involving an individual under 18, particularly a minor, the legal obligations arising from the incident may extend to the individual who supported and verified the minor's application for a driver's license. 

Typically, this endorsing party, often a parent or legal guardian, assumes joint and several liabilities with the minor for any damages caused by the teenager's negligent actions while operating a vehicle. 

This is why parents or legal guardians must recognize their potential responsibility when endorsing a minor's driver's license application.

When is the Guardian or Parent Exempt of Liability?

In certain instances, parents or guardians may be exempted from liability in a DUI accident involving a teenage driver under the following conditions:

  • Parents are generally not considered legally responsible if they do not have custody of their child during the accident.

  • The child was not living with them at the time of the accident.

  • They had no reasonable control over the child's actions.

It is crucial to understand that parents will no longer be held accountable once the teenage driver reaches legal age and legally owns the vehicle.

Step 2: Gathering Evidence

If you are at fault for the accident, you don't have the right to initiate a case to receive compensation for damages. Therefore, when filing a claim, it is crucial to provide evidence demonstrating that the injuries resulted from the other party's negligence. This can include the following:

  • Photos of the accident scene

  • CCTV or surveillance footage

  • Witness testimonies

  • Police reports

  • Medical bills and vehicle repair receipts

Step 3: Filing a Police Report

Remember that when you are involved in a car accident, mainly if it's resulting in injuries and other damages, you should report it to the authorities immediately. This also benefits you when filing a claim since the police report serves as proof of the crash.

A police report has the necessary information relevant to your case, such as the other driver's contact information and insurance information, the damages resulting from the collision, the involved drivers' violations, and the responding officer's opinion about the accident and what caused it. 

Step 4: Contact a Car Accident Lawyer

Individuals who sustain injuries, particularly severe or life-threatening ones, often lack the ability to initiate car accident claims. In such cases, seeking guidance from a legal professional is a prudent decision after a collision.

A personal injury attorney possesses the knowledge, expertise, and resources to gather evidence, establish liability, and advocate for your case. Moreover, a lawyer specializing in car accident claims can assess the overall damages to determine appropriate and just compensation.

Even if they are underage, a teen driver is still liable for the accident's damages. However, not everyone knows this. If you've experienced injuries in a car crash caused by a teen driver's negligence, initiating a car accident claim becomes crucial for seeking compensation for the resulting damages. 

Contacting an attorney specializing in car accident claims is a prudent step, as they can adeptly navigate the complexities of your case, enabling you to focus on your recovery.

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Felix Yim

Tech Expert

Felix is the founder of Society of Speed, an automotive journal covering the unique lifestyle of supercar owners. Alongside automotive journalism, Felix recently graduated from university with a finance degree and enjoys helping students and other young founders grow their projects. 

   
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