As most insurance agents -- and some parents -- will tell you, teenagers are in a special risk category all their own when it comes to driving. Most state legislatures have recognized this fact as well, and have passed civil statutes that can be used to hold parents and guardians liable when a teen driver's negligent or reckless driving ends up causing a car accident. Read on to learn more.
Teen Drivers Are Held to the Same Standards as All Motorists
From a sixteen year-old with a newly minted license, to a lead-footed octogenarian, motorists of all ages are held to the same legal standard when it comes to obeying the rules of the road and exercising reasonable caution under shifting circumstances.
Any licensed driver who gets behind the wheel of a vehicle owes a “duty of care” to all other drivers, passengers, bicyclists, motorcyclists, and pedestrians. If this duty is “breached' through careless or reckless driving, and someone is injured as a result, civil liability follows, meaning the driver (usually through his or her insurance company) will be liable for medical bills, lost income, and other losses stemming from the crash. (Learn more about Damages in a Car Accident Case.)
But that's not all parents and legal guardians need to worry about when it comes to drivers who are under 18.
“Vicarious Liability” of Parents and Guardians of Teen Drivers
Most states in the U.S. have passed some kind of law that holds a parent or guardian responsible for their minor driver, under a legal concept known as "vicarious liability." Depending on the state, this responsibility arises either:
- at the point when the teen driver is licensed, through something akin to a “co-signing” requirement where the parent or guardian agrees to be held financially responsible if their teen driver causes a car accident
- at the point when the teen causes a car accident, or
- both at the time of licensing and at the time of a car accident.
For example, in California, a parent or legal guardian must sign the driver’s license application of any minor (under 18) in their care, and parents or guardians are essentially jointly liable if the minor causes a car accident. Also in California, a parent can be held civilly liable for all foreseeable damages if they give express or implied permission for a minor to drive their vehicle (whether the minor is licensed or not) and the minor causes a crash.
It's important to note that if the parent or guardian does not have contact with or custody of the teen driver at the time of the accident -- meaning the parent or guardian is not in a position to supervise or control the teen's driving -- then these “parental responsibility” laws usually can't be used to hold the parent or guardian liable for any car accident caused by the teen.
Learn more about Accident Liability and Loaning Your Car.
Questions for Your Attorney
- My teen got into a car accident, but she says she was not at fault. Should I be worried about her liability and mine?
- Can my teen be deemed a reckless or incompetent driver under my state's laws?
- What happens if I'm not held responsible for my teenager's car accident, but my teen is? Can my teen be sued?