Driving is a more dangerous activity for teenagers than it is for their parents, but as parents, you have the ability to allow your teen to drive or not. If you do allow it, the possibility of a crash is very high, and as the parent, you can be held liable for the damages caused.
California Statutes Related to Teen Drivers and Their Parents
California Vehicle Code section 17707 states that in the event that a teen driver is found liable for damages caused during a car collision, the person who signed the teen’s driver’s license application is also liable. Therefore, the person who signed the application is also responsible for any damages the teen is required to pay. Vehicle Code section 17708 declares the parent or guardian can be held liable for damages that may occur when he or she gives a teen permission to drive a motor vehicle.
Financial Responsibility in California
Financial responsibility is not capped at $25,000 for injuries sustained during a car accident. In this instance, the parent or guardian will be held liable for actual damages along with the teen.
The Law of Vicarious Liability
Vicarious liability means that a party may be held liable for an accident and damages even though they are not directly responsible for the accident. The person responsible for the accident will be held liable, but in California, the person or people responsible for the at-fault party may also be held responsible. Therefore, the parents or guardians of a teen would be required to pay victims or their family members up to $25,000. If there is more than one person affected by the collision, each one is entitled to receive this amount of money.
If you are the parent of a teen who caused a collision that resulted in injuries, you may be responsible for paying the following:
• The plaintiff’s medical bills
• Pain and suffering
• Lost wages
• Other losses
The Law of Direct Liability
The law of direct liability holds parents or guardians accountable for their own actions rather than their child’s actions. They may also be held liable for failing to act as in the example of parental neglect described below. Parents or guardians may be aware that their children are acting in a manner that may harm others while they are driving on the roads. If they fail to stop their child from performing these behaviors, they may be held responsible through direct liability.
For example, parents may know that their teens regularly perform dangerous behaviors while they are driving but do not do anything to stop those behaviors. These parents would be accused of failing to prevent a future accident by neglecting to address troublesome behavior.
The Consent to Drive
In California, you are allowed to withdraw permission for your child to drive. You will need to obtain a Request for Cancellation or a Surrender of a Driver License. When you file either one of these forms, your child will immediately lose his or her privilege to drive.
Civil Parental Liability
Someone injured in a car collision caused by a minor may file a claim against the parent or guardian of the teen driver. This will depend on the child’s intentions.
Was There Willful Misconduct?
The victim may receive permission from the court to file a personal injury lawsuit against the child’s parents. The victim would need to present evidence that the teen driver acted in an intentional, reckless fashion.
Was There Parental Neglect?
In the event that the teen driver has parents or guardians who fail to supervise him or her while knowing that their child presents a risk to the community, the parents or guardians may be found negligent. If someone is hurt under this circumstance, the victim would be entitled to monetary compensation from the teen’s parents or guardians.
Did the Child Commit Negligent Acts?
A teen driver may be found to have accidentally caused the plaintiff’s injuries, but the court will determine whether or not the teen’s actions were negligent. If so, the teen’s parents may be held liable.
Lack of Permission to Drive
Not all teens have their parents’ or guardians’ permission to drive, but car collisions occur anyway. If you revoke your teen’s driving privileges or refuse to sign their driver’s license applications, you must take steps to ensure that your teen does not drive.
For example, you may forbid your teen to drive the family vehicle, but you must not leave the car keys where your teen has access to them. If your teen takes the keys and drives without permission, you will still be held liable in the event of an accident. That is because you failed to take adequate precautions against your teen being able to drive the family car.
The National Highway Traffic Safety Administration or NHTSA advises parents to assess carefully whether or not their teens are ready to drive. If they believe that their teens can handle the responsibility, they must set ground rules that need to be followed. If not, the teens must know what the consequences will be. Parents or guardians must also continue to monitor their teen’s driving behavior.
