Who is Liable for Car Accidents Involving Teens in Central Florida?
For many American teenagers, getting their first set of car keys is their first exciting step to freedom. For their parents, it’s another thing to have to worry about. Teenagers and new drivers lead the nation in car accidents numbers, and car crashes are also a leading cause of death for teenagers. Fortunately, over the last few decades, an increasing number of states have adopted graduated licensing systems for young motorists in order to ease them into driving and give them more time to learn the rules of the road, rather than hoping they become responsible drivers the minute they get behind the wheel. However, if your teenager does get into a car accident in Florida, who is responsible? We break down liability for car accidents involving teens in Central Florida.
Liability Determined By Fault
Florida is a no-fault state for crashes, meaning that your own insurance pays for the first $10,000 in medical bills/property damages no matter who is at fault. Recent tort reforms have made Florida a comparative fault state, meaning that for injuries that cost over $10,000, an injured person who is more than 50 percent responsible for the crash cannot collect any damages. This is where establishing fault becomes very important. While teen drivers are more likely to cause crashes, it doesn’t always make them at-fault. However, if they are at-fault, there are a few ways to establish liability and collect damages, including:
- Through insurance: The teen hopefully has the minimum amount of required insurance, so if a teen driver’s negligence injures you or your passengers, you should be able to file a claim for damages from their insurer (which is probably their parents’ auto insurance policy).
- Who owns the vehicle: Vehicle owners in Florida can be held liable for driver negligence, even if they weren’t behind the wheel. Often, the vehicle will be registered to the teenager’s parent, and they would technically bear responsibility
- The teen’s employer: If the teen was driving as part of their job, i.e delivering pizza or as a valet, the employer may be held liable for the resulting damages
- The teen’s parents: If parents entrust their vehicle to a teenager who they know is not a safe driver, it counts as negligence and the parents can be held directly liable for it. This also applies if the parent knowingly allowed the teen to drive even though it was against the graduated driver’s licensing regulations.
- Dram shop liability: If a bar or restaurant negligently or knowingly serves alcohol to someone under 21 years of age, and that person gets into a drunk driving accident, the entity that served the teen alcohol may be held liable under Florida’s dram shop law. This also applies if an adult serves alcohol to an underage driver in a non-bar environment.
Contact Us Today
If you or somebody you love was injured by a teen driver, you may need the assistance of an experienced personal injury lawyer. Call BCN Law Firm to schedule a consultation today.
