If you have been involved in a car accident in Arlington, Texas, the driver who caused the crash is at fault regardless of his or her age. However, if the driver is a teenager, there may be scenarios in which his or her parents could be liable for damages as well. These types of car accidents can be very complex and an experienced Arlington car accident attorney from the Law Offices of David Kohm can assist you with your claim. Let’s take a look at what determines liability and the different people or entities that could be defendants in a personal injury case.
Teens May Have Restrictions on Their Licenses
Teen drivers may not be able to drive at night or with passengers in their vehicles. They can also be declared legally impaired with a blood alcohol content (BAC) of higher than .02 percent as opposed to .08 percent or higher. Getting to .02 percent or higher could be as simple as drinking too much mouthwash before a date or having too much wine at church. Therefore, teenage drivers could be deemed partially or fully liable for an accident simply based on when it occurred or where they were coming from. This however, does not mean their parents are liable for the accident.
When a Teen’s Parents Could Be Named as Defendants in a Case
If a teen is driving a vehicle owned by his or her parents, the parents may also be liable if a crash occurs. In some cases, parents are liable under state law even if their teenagers are driving their own cars. This is because the teen is a minor and generally under the control of the parent until age 18.
Usually, teenagers are covered under their parents’ insurance policies when they start driving. When a teen is insured and causes an accident, the insurance company will have a duty to step up and defend and indemnify the teenager. Generally, the greater risk of teenage drivers getting into an accident is accounted for in the premium that is charged to the parent. However, the profit-oriented culture of insurance companies encourages the denial of legitimate claims. If an insurance company fails to defend and indemnify when appropriate, a parent can bring a bad faith action against the company.
Can a parent ever be held responsible? In many cases, a parent will not be held personally liable for the negligent driving of his or her child. However, there are exceptions. A parent can be held personally responsible if he or she knows the teen is an incompetent or reckless driver, or if the teen is driving as part of work for the parents.
Some states have laws that impose liability on parents when their teenagers’ reckless driving causes an accident on public roads. However, most of the time a parent will not be liable for the teenager’s negligence if he or she used the car without permission, or if a parent doesn’t have custody of the child. Moreover, parents can revoke their responsibility by refusing to sign the application for their child’s driver’s license or reporting to the state that they withdraw their support.
Generally, the parent owns the vehicle that the teen drives. When a parent knows or should know in the exercise of due care that his or her teen is not fit to operate a car, the parent can be held liable for any accidents caused by the teen under a cause of action called negligent entrustment.
For example, if a teen has an alcohol abuse problem and frequently comes home smelling of alcohol or drinks in front of his or her parents, the parents should know that the teen’s risk of getting into an accident is greater than usual. A parent who permits his or her teen to drive a car, or looks the other way to avoid knowing the teen drives the car, may be held liable for any accidents caused by the teenager. In that case, if the teenager is not insured, an injured party may still sue the parent directly for compensatory damages, and in some cases punitive damages as well.
Call Our Law Offices for a Free Consultation
If you or a loved one was involved in a car accident with a teenage driver contact an experienced car accident attorney from our Arlington office or any of our other locations. Call our law offices today at any of our convenient locations and get a free consultation.
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