Teenage Drivers and Parental Liability

If you have one or more teenage drivers in your household, then it is important for you to understand your potential financial and legal liabilities in the event that he or she is at fault in an auto accident. Parental liability is a serious issue that everyone should understand prior to allowing a child onto the roadway with other drivers.

Are You ‘Off the Hook’?

One of the biggest mistakes that the parents of new drivers make involves buying the teen a car, putting the car in the teen’s name, and then allowing the child to purchase his or her own insurance. At this point, the parents often truly believe that they are off the hook in the event that their children are involved in accidents that are determined to be their fault. However, this is absolutely not the case. Children who are not yet 18 years old are not legally capable of accepting such liability and this means that the liability falls back on the parents.

A Frightening Example

Ethan Couch, a teenager living in Texas, made national headlines when a drunken crash killed four people. His defense was that he was suffering from ‘affluenza’, or a condition in which it is claimed that wealthy children are prone to feelings of isolation, depression and guilt. Couch claimed that the affluenza led to his drinking and therefore the crash. The judge in the case agreed with the defense and the teen was officially off the hook, but the attention then turned to the parents who were charged with negligence. In fact, they are involved in no less than five civil suits due to incidents involving negligence in the supervision and care of their son.

How Does This Happen?

If your child is involved in an accident in which someone is hurt or killed, the victims do have the right to file a suit claiming negligence. However, in order for you to actually be charged, certain factors have to exist. For example, if your child has received several speeding tickets and is involved in an accident because he or she is driving at a high rate of speed, then a judge could very well rule that you ‘should have known’ such an accident was imminent. The same can be said if you make both alcohol and car keys accessible to a teenage driver.

What Should You Do?

If you’re wondering whether or not you should even let your kid out of the house with the car keys at this point, rest assured that there are some things you can do to protect your child and yourself. First and foremost, it is your duty as the head of household to determine whether or not your child is fit to drive. If he or she has shown serious lack of responsibility or negligence in the past, handing over the keys may not be such a good idea after all. It is up to you as the parent to make the final decision and exercise your best judgment before allowing your child onto the roadways.

Of course, it is also important to discuss your parental liability with your child prior to allowing him or her to drive. This can be incorporated into conversations about texting behind the wheel, drinking and driving, or any other issue that is a concern.