Getting a license and driving on your own is a rite of passage into adulthood for most Texas teens. But the right to drive also comes with responsibilities. If a teenage driver causes a car accident, they can be held responsible. In Texas, a negligent teen’s parents or legal guardians could also be held liable for damages in an underage child’s car accident.
If you have suffered injuries in an accident caused by a teen driver, whether as a passenger or as an occupant of another vehicle involved in the crash, you may be entitled to seek compensation for your losses. The compensation may include payment for your medical expenses, lost wages, pain and suffering, and more.
The teen driving accident lawyers of Kraft & Associates, P.C., in Dallas, Texas, are prepared to investigate the accident and pursue full compensation for your losses. Contact our firm for a free evaluation of your case.
Teen Driving Statistics
Motor vehicle crashes are the leading cause of death for U.S. teens, according to the Centers for Disease Control and Prevention (CDC). About 2,800 teens in the United States ages 13–19 were killed, and about 227,000 were injured in motor vehicle crashes in a recent year. That means that every day, about eight teens died due to motor vehicle crashes, and hundreds more were injured.
The AAA Foundation for Traffic Safety said that Texas has more summertime crash deaths involving teen drivers than any other state. From 2010 to 2019, there were 2,318 deaths on Texas roadways involving teen drivers, with nearly 30% occurring during summertime.
Teen drivers get into accidents more often than adults because they are inexperienced drivers. Teens are more likely than older drivers to underestimate or fail to recognize dangerous situations, the CDC says. Teens also are more likely than adults to make critical errors that can lead to serious crashes.
Distraction plays a role in nearly 60% of teen driver crashes, AAA says. The top distractions for teens include talking to other passengers in the vehicle and interacting with mobile phones. Speeding, one of the top three mistakes teens make when learning to drive, is a factor in nearly 30% of fatal crashes involving teen drivers.
What Happens If A Minor Gets In A Car Accident?
Regardless of age, a licensed driver has a responsibility to others on the road to obey traffic laws and drive safely. The driver has an obligation to act in a manner that avoids jeopardizing the safety of others. A driver who disobeys traffic laws and causes an accident has breached their legal responsibility by failing to act as a reasonable person would have under similar circumstances. This failure is known as negligence.
In most car accident claims, the injured party is tasked with proving the negligence of another party involved in the crash.
Most teen drivers are insured through their parents’ auto liability policies. Your injury claim would be filed against the applicable liability insurance policy seeking compensation for your losses. In most car accident cases, we can negotiate a settlement with the insurance company without going to court. While we are always prepared to go to court if necessary, an injury claim on your behalf is about recouping your losses and making you financially whole.
In cases of minor-age children, a crash victim might seek to hold a negligent parent or guardian accountable if their teen has caused a car accident. In certain situations, a car accident claim may be pursued under the legal theory of “negligent entrustment of a vehicle” to hold the teen’s parents financially accountable. As your lawyers, we would argue that the parent or guardian was negligent to let an untrained or incompetent driver use their vehicle. Our case would show that the parents knew or should have known that the teen represented a danger to others on the road and that they failed to take steps to ensure others’ safety by preventing the teen from driving.
Our case would have to show:
- The parent allowed the teen to drive their vehicle
- The parent knew or should have known the teen was reckless or incompetent or that s/he had too little driving experience
- The teen driver was responsible for the accident
- The teen driver would not have caused an accident had the parent not allowed them to drive.
What If the Teen Drove Without a Parent’s Permission?
Texas holds a narrow view of parents’ responsibility for teenage drivers. In many states, if a teen driver had regularly used the family car in the past, they could be said to have implied permission to use it even if they didn’t ask their parent before that specific trip.
In Texas, a child must be directly entrusted with the vehicle. Implied permission isn’t enough. Texas also holds that a parent cannot be sued if the child had general leisure access to a family vehicle or under the family purpose doctrine, meaning the teen was using the car to run an errand for the family.
A claim would have to show that the parents of a Texas teen specifically allowed the minor to use the car or truck, but something in the teen’s driving history or background – prior crash, tickets, or general lack of driving skills – should have told them not to do so.
Contact Our Dallas Car Accident Lawyers
At Kraft & Associates, P.C., our Dallas car accident lawyers are prepared to investigate the teen-driving accident you were in and help you pursue the maximum compensation available by law. Crash victims are often uncertain about car accidents caused by teen drivers and have questions about what their legal options may be. We can offer you a free and confidential initial consultation about how we would pursue a claim for you. Contact our firm now.
