Among all age demographics, the risk of car accidents is highest for teenage drivers. In addition to emphasizing the importance of road safety, parents should be aware of the repercussions of their child’s accident, liability being one aspect to consider.
Under Texas law, a parent can be held vicariously liable for how their teen driver conducts themselves on the road in many circumstances. Therefore, it’s important to practice diligence and have and maintain insurance policies on all cars and drivers in the home.
Many circumstances can contribute to a parent’s liability for a child’s auto accident when the child is at fault. One thing is certain: many parents are unaware of the policies and scope of their ties to their child’s driving record.
Understanding Child Accident Liability in Texas
Car accidents are stressful. When they involve your child, they can be incredibly overwhelming. Teen drivers are at risk of collisions that vary in severity, such as:
- Rear-end accidents
- Side-impact crashes
- Multi-vehicle accidents
- Single-vehicle crashes
These accidents can cause a wide range of injuries, even in seemingly minor fender-benders. An accident’s impact can cause whiplash, head injuries, and even broken bones or internal injuries.
In addition to physical injuries, emotional distress and property damage can further complicate the outcome of an accident.
After ensuring everyone’s safety and exchanging information with the other party, it can be challenging to know what to do next to support a positive outcome. Knowing the next steps and your options is vital.
Parent-Child Accident Liability and Negligence
In Texas, the law operates on the principle of negligence. Essentially, individuals are expected to take reasonable measures and exercise care to prevent harm to others. When circumstances lack reasonable care and result in damage or injury, one or more people can be liable in the eyes of the law.
Liability is the legal responsibility for one’s actions or, in the case of negligence, lack thereof. Determining whether someone is liable for harm caused to another party involves evaluating a person’s actions and the relevant circumstances of the incident.
In child-related accidents, this means assessing the actions and responsibility of the teen driver and their parent or guardian.
Factors Influencing a Parent’s Legal Responsibility
Rest assured—simply being the parent of a teen driver is not enough to establish liability in your child’s accident. Liability may, however, be assigned to parents or legal guardians in certain circumstances.
The following elements may establish liability:
- The child is under 18 years old.
- The parent or guardian made the vehicle available for the child’s use.
- The teenager acted recklessly or negligently while operating the vehicle.
- The parent or guardian was or should have been aware of the child’s reckless or negligent driving.
Other situational factors play a role in determining parent liability in a child’s auto accident. The law may consider the collision’s severity and whether the child was under a parent’s care.
Determining the risks when a teenager gets into an accident can be difficult. Contacting an attorney who specializes in car accident cases can help.
Parent Liability in Child Auto Accidents
Being the parent of a teen driver can be challenging when they’re involved in an accident, no matter who’s at fault. When your child caused the accident, it can add another layer of complexity to the damages or injuries resulting from the collision. It may then involve parental liability.
For example, these cases illustrate situations where a parent could face liability in an accident:
- A parent allows their teenage child to drive a car with known mechanical issues.
- A parent permitted an underaged or unlicensed child to drive.
- An uninsured teen driver causes an accident that results in damages or injuries.
- A parent allows a child who is under the influence to drive home from a party.
When Are Parents Liable for a Child’s Car Accident?
Texas parents can be held liable for their child’s car accident under several circumstances:
1. Failure to Supervise
Though a driver’s license affords a sense of independence, supervision is essential for teen drivers. It helps by providing a safe driving experience for everyone on the road with appropriate guidance and correction when necessary.
Parents have a duty of care to supervise their children, particularly in the first few years behind the wheel. Additionally, they should oversee their child’s activities when it comes to driving, whether they’re licensed or not. This oversight includes the following:
- Not allowing a child to drive without a license
- Not permitting a child with a history of reckless driving to operate a car
- Setting rules or guidelines around driving privileges
A parent might fail to fulfill their obligations, and their child may be involved in a car accident because of a lack of parental supervision. If so, the parent may bear some responsibility for any resulting damages.
2. Negligent Entrustment of a Vehicle
Whether or not the parent was in the car during the collision, they can still bear responsibility for their teen’s actions behind the wheel. In Texas, this legal principle is called “negligent entrustment.” It applies when a parent trusts their teen to drive a vehicle they own, regardless of whether they’ve covered their child under their insurance policy.
Negligent entrustment highlights parents’ responsibility for their children, even when not directly involved. When your child is in an accident, liability is more likely to fall on you if the teen already has a history of unsafe driving and you handed them the keys.
3. Providing Access to an Unsafe Vehicle
Keeping your child safe on the road requires more than being aware of their behaviors. It also means ensuring they have access to a safe, road-ready car.
A well-maintained car makes driving easier for a teen and can help minimize the risk of accidents and injuries. Parents may be liable for their child’s accident if they provided access to a car in an unsafe condition, including the following issues:
- Poor or inadequate maintenance
- Mechanical issues or failures
- Missing or defective safety features
- Damaged or broken windshield or mirrors
- Faulty or malfunctioning components
4. Failure to Obtain Insurance Coverage
Parents are responsible for ensuring auto insurance coverage for their minor children. The law mandates this coverage, and teen and new drivers are not exempt from this requirement. Auto insurance provides financial protection for all parties in an accident, which is incredibly valuable for teen drivers, who often have limited resources to cover expenses.
Teen drivers must be insured, but it’s also essential to review and update your policies to ensure they’re current. Parents who don’t maintain the minimum insurance coverage for their teens may be subject to liability in the event of an accident.
Texas Laws on Parent Liability for Child Auto Accidents
Texas legal doctrine considers the parent at fault when evidence demonstrates that the parent somehow contributed to the accident. This is done by either:
- Establishing the parents should have been reasonably aware of the child’s potential risk factors that could lead to a collision
- Discovering negligence on the part of the parent that demonstrates a failure to provide adequate care in the situation
The teen driver of the vehicle may have directly caused the damages or injuries, but a parent can face significant damages.
The Texas Parental Liability Law is another way to hold parents legally accountable. While this statute doesn’t apply to personal injuries, it states that any property damage on the parent’s watch indicates potential parental responsibility.
9 Steps to Protect Your Family Against Child Accident Liability
Taking proactive measures with your teen can help ensure their well-being on the road. These actions minimize the risk of accidents, protect against potential liability, and help the whole family take ownership of creating safer streets for everyone.
1. Communicate About Road Safety
Even if your child has already completed driver’s education and obtained their license, it never hurts to continue the conversation.
All drivers must stay vigilant with traffic laws, road safety, and the importance of seatbelt use. Do what you can to ensure your teen is well-equipped to get behind the wheel.
2. Establish Clear Driving Rules
Driving is a privilege that comes with increased responsibility to everyone in the community. This responsibility includes never taking action that would endanger yourself or others.
Talk to your teen about your family’s rules and expectations about driving privileges. It should be clear that failure to uphold their end of the bargain will result in consequences such as a loss of privileges.
3. Stay Involved with Their Driving
Proper guidance is vital in the early stages of learning how to drive. It’s equally as important after your child gets their license.
Maintain communication regarding your child’s driving habits. Parent-teen driving agreements monitor their activities and foster an ongoing dialogue about what it means to be a safe driver.
4. Limit Distractions
Driving while distracted can have severe consequences. Emphasize the dangers of distracted driving and encourage your child to focus on the road—and only the road.
Avoiding distractions may mean your teen needs to keep their phone out of reach. Alternatively, consider installing apps or blocking features that prevent messages and calls while driving.
5. Keep Up with Regular Maintenance
Whatever car your child drives should always be in proper working condition. Perform routine maintenance on the vehicle, including regular inspections, oil changes, tire pressure checks, and light replacements, and always schedule repairs if you suspect issues.
Remember that many teenagers are unfamiliar with even the most basic car problems when they first start driving and may be unable to identify them. Talk to your child about detecting issues and what to do if the vehicle seems unsafe.
6. Maintain Adequate Insurance Coverage
It’s vital to ensure insurance policy coverage for every driver in your home, including your teen driver. Review the policy to ensure your child has adequate coverage. A policy review can help address liability issues in the event of an accident.
Consider adding additional coverage, such as umbrella insurance, to provide your teen with even greater protection.
7. Understand Parent-Child Accident Liability
It’s better to know what legal obligations you and your child may face in an accident. Depending on the circumstances of the incident, one or both of you may be responsible for the consequences, including total damages.
Remember, Texas law states that you may be liable even if your child causes an accident in which you weren’t present or directly involved. Discuss this directly with your child, and make a plan ahead of time to be prepared for the unexpected.
8. Be an Example
Teenagers are keen observers. Although it may not appear that way, they often look to their parents and mimic what they do. That’s why it’s essential to always set a good example.
When you’re behind the wheel, practice the safe driving habits you want your teen to embody. Keep distractions out of reach, obey traffic laws, wear a seatbelt, and maintain focus as you drive. Your actions can powerfully influence your child’s approach to driving.
9. Seek Legal Advice and Representation
It helps to know your rights, especially regarding parental liability for your teen driver. Experienced attorneys can offer guidance to help understand liability laws and how to mitigate adverse outcomes.
Legal representation can be incredibly valuable when negotiating with insurance companies to ensure you and your family receive fair compensation.
An advocate in your corner can relieve much of the mental and financial burdens that ultimately accompany a car accident. They’ll fight for your best interests in court and other negotiations.
FAQ: Child Accident Liability for Parents
Can a parent be found liable if their child gets into an accident while driving a friend’s car?
Parental liability can still apply depending on the circumstances, even if their child is driving someone else’s car. Evidence may show that the parent granted permission or access to the vehicle, did not adequately supervise their child, or allowed them to operate a malfunctioning vehicle. If so, parents may be liable regardless of vehicle ownership.
Can a parent be liable if their child was driving without their permission?
If a child or teen gains access to a vehicle without a parent or guardian’s permission, the parent may still be liable for an accident. Negligent entrustment assumes a parent’s involvement, whether they provide explicit consent or not. However, the lack of permission may impact a parent’s liability. It depends on the individual circumstances of the case.
Are there any exceptions to parental liability for child auto accidents?
The only way a parent can avoid liability for their child’s Dallas car accident is if the child is the sole name on the involved vehicle’s title. This status prevents the victim of the at-fault child’s misconduct from pursuing legal action against their parent.
However, the principle of negligent entrustment may still apply. Parental liability is not entirely dependent on whether the child owns a vehicle; in some cases, it may depend on whether the parent granted permission. Whether or not the child owns the vehicle may be deemed irrelevant.
I forgot to add my teen to my insurance policy—are they still covered?
So long as your car is the vehicle in the accident, and your teen is a member of your home, typically, the answer is “Yes, they’re covered.” Your biggest concern might be the insurance company if they don't allow default policy coverage for household members. In this case, you’ll have to list them as an additional driver under the policy.
What should parents do if they receive notice of legal action related to their child’s auto accident?
A parent may receive notice of a lawsuit due to their child’s auto accident. If so, it’s essential to seek legal assistance immediately. Consulting with an experienced attorney can help parents understand their rights, liability, and options moving forward. An attorney can also help you respond to the lawsuit quickly and appropriately.
Protecting Your Family from Child Accident Liability
When your teen begins driving, you, as a parent, are not automatically responsible for any accidents they might cause. However, parental liability under Texas law can be a complicated terrain to maneuver. In many scenarios, parents may find themselves legally accountable for their child’s actions behind the wheel.
From understanding the doctrine of negligent entrustment to the dangers of inadequate supervision, there are many ways through which parental liability can arise. While it may appear daunting, being well-informed about child accident liability can help you take action to shield yourself and your family against the potential legal risks of an unexpected collision.
Seeking legal counsel is one of the most valuable steps to prioritize safety today and in the future. An experienced attorney can help you explore every possible consideration of your rights and liabilities.
You or someone you love may be involved in an accident with a teen driver in Dallas and are seeking legal counsel to help understand your liability, risks, and compensation. If so, your best bet is to learn more about your options by calling Angel Reyes at (469) 962-2842. Get in touch with us today.
