A Comprehensive Guide to Help Parents Understand Child Accident Liability in Texas
Did you know the risk of car accidents is highest for teenage drivers over all other age demographics?
In fact, inexperienced teen drivers are three times more likely to die in a car accident compared with drivers who are at least 20 years old, according to a recent study by the Centers for Disease Control and Prevention.
Car accidents are extremely stressful, but the effects are even more overwhelming when they involve your child. Not only are you worried about your child’s safety, but you also have to contend with figuring our if you are responsible for the damages caused by the accident.
So, what is the parental liability law in Texas? A parent can be held vicariously liable for how their teen driver conducts themselves on the road in many circumstances – especially when their actions lead to a car accident.
Therefore, it’s important to practice diligence and maintain accident insurance policies for all cars and drivers in the home.
What Leads to Texas Car Accident Claims for Minors?
Many circumstances can contribute to a parent’s liability for a child’s auto accident when a minor is at fault.
Teens tend to be more likely to get into a car accident than older drivers, partially due to their lack of experience behind the wheel and in partly because they are not mature enough to understand the full scope of the risks on the road.
Teen drivers are at risk of car and truck accident collisions that vary in severity, such as:
- Side-impact crashes
- Multi-vehicle accidents
- Single-vehicle crashes
These car accidents can cause many 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 Texas car accident claims for minors.
After ensuring everyone’s safety and exchanging information with the other party, knowing what to do next can be challenging to support a positive outcome. Knowing the next steps and your options is vital.
In addition to emphasizing the importance of road safety, parents should be aware of the repercussions of their child’s car accident. Parental liability in Texas is a serious topic, and one that many parents are unaware of.
Unfortunately, many parents do not understand the full scope of child accident liability in Texas.
Parent Liability in Texas for Car Accidents Involving Minors
Being the parent of a teen driver can be challenging when they’re involved in a car accident, no matter who’s at fault. When your child causes 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.
What is the Parental Liability Law in Texas?
After a crash involving your minor, you may find yourself wondering, “Am I liable for my child’s car accident?”
According to the laws of parent liability in Texas, the Lonestar states operates on the principle of negligence.
What does this mean for a parent’s liability for a child’s auto accident?
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. Minors are under the care of their guardians, so this law extends to parents – making them liable for their children’s actions.
In child-related car accidents, this means assessing the actions and responsibility of the teen driver and their parent or guardian to determine the parent and child accident liability.
Factors in Determining a Parent’s Liability for a Child’s Auto Accident
Rest assured—simply being the parent of a teen driver is not enough to establish child accident liability in Texas. Parental liability may, however, be assigned to parents or legal guardians in certain circumstances.
The following factors may establish parental liability in Texas:
- 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 a parent’s liability for a child’s auto accident.
The law may consider the car accident’s severity and whether the minor was under a parent’s care.
Determining the risks when a teenager gets into a car or truck accident can be difficult.
Contacting a personal attorney who specializes in Texas car accident claims for minors can help ease the burden.
When Are Parents Liable for Children’s Car Accidents in Texas?
In Texas, a parent’s liability for a child’s auto accident is valid under several circumstances:
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.
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 parent liability in Texas, even when they are not directly involved. When your child is in an accident, parental liability is more likely to fall on you if the teen already has a history of unsafe driving and you handed them the keys.
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 teens and can help minimize the risk of car 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 windshields or mirrors
- Faulty or malfunctioning components
Failure to Obtain Insurance Coverage
Parents are responsible for ensuring auto accident insurance coverage for their minor children.
Child accident liability laws mandate this coverage, because teen and new drivers are not exempt from this requirement. Auto accident 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 reviewing and updating your policies is essential to ensure they’re current. Parents who don’t maintain the minimum insurance coverage for their teens may be subject to parental liability in the event of an accident.
Learning the Lonestar State’s Laws on Parent’s Liability for a Child’s Auto Accident
Texas legal doctrine considers the parent at fault in Texas car accident claims for minors when evidence demonstrates that the parent somehow contributed to the car 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 Ways to Protect Your Family When It Comes to Texas Car Accident Claims for Minors
Taking proactive measures with your teen can help ensure their well-being on the road. These actions minimize the risk of car accidents, protect against potential parental liability, and help the whole family take ownership of creating safer streets for everyone.
- 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.
- 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.
- 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.
- Limit Distractions
Driving while distracted can have severe consequences. According to the NHTSA, distracted driving claimed 3,308 lives in 2022 alone.
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.
- 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.
- 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.
- 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.
- 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.
- Seek Legal Advice and Representation
It helps to know your rights, especially regarding parental liability for your teen driver.
Experienced personal injury attorneys can offer guidance to help understand liability laws and how to mitigate adverse outcomes.
A personal injury lawyer can be incredibly valuable when negotiating with insurance companies to ensure you and your family receive fair compensation. 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.
An advocate in your corner can relieve much of the mental and financial burdens of a car accident. They’ll fight for your best interests in court and other negotiations.
How the Personal Injury Attorneys at Angel Reyes & Associates Can Help You with Your Child Accident Liability Case
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 ground to cover and you may find yourself legally accountable for your child’s actions behind the wheel. If you, or your loved one, is involved in an accident with a teen driver, it is best to seek legal counsel to help understand your liability, risks, and compensation.
With over 30 years of experience handling car accident cases in Texas, we have the ability and the passion to help you through any child accident liability case you face. Our team of incredible personal injury attorneys will be there for you every step of the way, providing 24/7 support as they fight your parental liability battle. Don’t wait, don’t hesitate.
The compassionate team of attorneys at Angel Reyes & Associates takes pride in helping our valued clients face the challenges of complex Texas car accident claims for minors head-on.
Allow us to help you by removing the stress from the equation as we handle all communication and negotiation with your insurance company on your behalf.
Contact us today for a free consultation, or stop by one of our conveniently located Texas offices in Dallas, Fort-Worth, Houston or Austin so we can discuss your case face-to-face.
Remember, you pay nothing unless we win your case, so there is no harm in scheduling a free consultation. You’re in good hands with Angel Reyes & Associates.
