Are You Liable if Your Teenager Gets in an Accident?
Having a teenager can be a rollercoaster, and when your teen is old enough to get a driver’s license and start driving, you may be struck by a combination of pride, anxiety, and sadness about the fact that he or she is growing up so fast.
While many teens are good drivers, statistically speaking, teen drivers are more at risk of being involved in a car accident. If your teen causes a crash, it is important to know how their liability–and yours–will play out.
Am I Liable if My Teen is in a Car Accident?
To put it plainly, yes – unless your child is 18 years of age or is an emancipated minor, you can and likely will be held liable for any damages that your teen causes as a result of a car accident. This is based on a few different laws and legal theories, including:
- In Tennessee, those under 18 years of age are not legally allowed to own a car. As such, there is a presumption that if your teen is driving, it is your car that is being operated and you have knowledge of this operation. It will be the owner of the vehicle named when a plaintiff is seeking damages, not necessarily the driver of the vehicle.
- Negligent entrustment is a theory of negligence that may hold you responsible for lending your car to anyone, your teen included. Under this theory, a person can be held liable for the action of another when the former acted negligently in entrusting the latter with a vehicle. For example, if you know your teen texts and drives or speeds recklessly, it would be negligent for you to loan them your vehicle in the first place.
- Vicarious liability is another theory under which you could be held liable for your teen’s actions. This is essentially saying that you, as the parent, are being held responsible for the actions of your agent, who is the child. This is especially true if your teen was doing something for the family at the time of the accident, like picking up milk.
How to Protect Yourself
If you are a parent, there are a few things you can do to protect yourself. These include:
- Get good insurance. If your teen is in a wreck, a strong policy will help to shield you from personal liability.
- Set boundaries for your teen and talk about safe driving. If your teen is not a safe driver, do not let them behind the wheel.
- Talk to a lawyer. If your teen is in a wreck and damages are being pursued against your family, arm yourself with a talented car accident attorney who knows how to investigate your accident and protect your best interests.
Call Our Law Offices Today
If your teen is injured in a crash, you deserve to be compensated. When you have legal questions following an accident, our team has answers. Call us today to learn how we can help. Contact us online or by phone to get started.
