Teen Liability When an Accident Happens

For teenagers, getting their license is a rite of passage and a milestone. However, for their parents, it is a nerve-wracking – and potentially costly – experience.

Teens ages 16 to 19 have the highest risk of motor vehicle crashes and are three times more likely to die in a car accident than a driver who is aged 20 years or older, according to the CDC. Some of the highest risk teens are males, teens driving with other teens, and newly licensed drivers. While there is no universal reason for the increased risks rising from teen drivers, there are a number of contributing factors such as inexperience, distraction from other teens in the car, distraction from electronic devices, and an increased likelihood of reckless driving.

New York State has imposed a number of restrictions on teen drivers in order to limit the risk related to teenage drivers, including limiting the number of passengers under the age of 21, restricting the times that a teen with a junior driver’s license may operate a vehicle, and even requiring a licensed driver over the age of 21 to accompany the driver in certain areas. In addition, in New York City, teens operating a motor vehicle with a learner’s permit must be supervised by a parent or driver education instructor, and teens with a junior driver’s license are prohibited from operating a vehicle at all.

So, what does this all mean to a parent if their child is involved in an accident? Under a pair of legal doctrines, the parent could be liable for an accident caused by their teen driver child. Under the doctrine of “negligent entrustment,” if the parent knew or should have known that their child could be a danger to others on the road, but gave them permission to drive anyway, the parent can be held liable for the accident, regardless of whether they were in the car. Similarly, if the parent asked the teen driver to use the car for a specific purpose – like going to the store – and this usage resulted in an accident, the parent may be held responsible under the doctrine of “vicarious liability,” even if the teen deviated from the agreed-upon task once they got in the car.

Because of the risk to all parties, it is important that parents work to reduce risk factors for teen drivers, but also to ensure that, if the worst does happen, their insurance is properly structured to cover the damage and injuries that can result. As such, before an accident happens, it is best to speak to your insurance carrier about teen drivers in your family in order to make sure you have the best coverage for your needs and discuss available options to lower the potential costs of insuring an inexperienced driver.

If your teenager is involved in a motor vehicle accident, the best thing to do is to immediately seek advice from an experienced attorney who understands New York State laws and the legal process. We are always here to provide a free consultation.