If My Teen Was in an Accident, Am I Liable?
For a teenager, finally being behind the wheel is a milestone, while it’s a huge worry for their parents. Although gaining the license to drive is exciting for teens, this also comes with significant risks. According to the Centers for Disease Control and Prevention (CDC), teens aged 16-19 have the highest crash risk of any age group. In 2020 alone, approximately 2,800 teens died, and over 227,000 were injured in motor vehicle accidents. Florida law allows teens to obtain a learner’s license at 15, and a license without any restrictions at 16, but with this newfound freedom comes legal responsibilities for parents. Many wonder: If my teen was in an accident, am I liable? The short answer is yes, and here’s why.
Why Are Teen Drivers More Prone to Accidents?
Teens are more at risk of being involved in accidents for several reasons:
- Gender: Male teens are at double the risk of a fatal accident than females.
- Peer influence: Driving with other teen passengers can be distracting while also increasing the likelihood of risky behavior
- Inexperience: Teenagers are more likely to be in a crash within the first few months of driving because they lack the judgment that comes with experience.
As a Parent, You May Be Held Legally Liable
Under Florida law, parents can be held liable for their teen driver’s negligent actions. The moment you signed the form at the DMV allowing your minor to obtain a driving license, you agreed to be financially responsible for any accidents caused by the teen. The two legal doctrines that make parents or guardians liable are the following:
- Negligent Entrustment
Parents can be held liable if they knowingly allow their teen to drive despite recognizing them as a danger. For example, if you allow a teen with a history of reckless driving or DUIs to operate a vehicle and the teen causes an accident, you may face legal consequences.
- Vicarious Liability
This is also known as the “family purpose doctrine,” which states that a parent can be held responsible if their teen causes an accident while running errands or completing family-related tasks.
It is worth noting that parental liability doesn’t end when your child turns 18. Florida recognizes the “dangerous instrumentality doctrine,” meaning the owner of a vehicle is responsible for its negligent operation. The law considers vehicles inherently dangerous, and if an adult child uses a car titled in the parent’s name, the parent might still be liable.
How Can Parents Reduce the Risks of Teenagers Being Involved in Accidents?
While accidents cannot be entirely prevented, parents can take measures to lower the likelihood of their teen causing one. Here are some helpful tips:
- Set clear rules: Impose curfews, limit the distance your teen can drive, and restrict the number of passengers.
- Educate your teen: Stress the importance of seatbelt use, adhering to the speed limits, and avoiding distractions like texting while behind the wheel.
- More supervised driving: Don’t let your teen drive unsupervised even after getting their license
- Discuss substance use: Have an open conversation about the dangers of driving under the influence of alcohol or drugs.
Contact a Tampa Car Accident Lawyer
Even the most cautious people get into accidents. If your teen has been involved in an accident, contact our skilled Tampa car accident lawyer at The Pendas Law Firm today for a consultation.
The Pendas Law Firm also represents clients in the Ocala, West Palm Beach, Fort Myers, Miami, Daytona Beach, Jacksonville, Bradenton, Orlando, Fort Lauderdale, Naples, and Melbourne areas.
Source:
cdc.gov/teen-drivers/about/index.html
