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Teenage Drivers and Car Accident Liability in Georgia
There are all sorts of people out on Georgia’s roadways — teenagers and inexperienced drivers included. At some point, you might even find yourself in an accident with one. You might even end up injured. During such times, it is common for accident victims to ask themselves, “Are parents liable for children’s car accidents?” In this guide, our Atlanta car accident lawyers will help you understand Georgia’s driving laws specific to teenagers and how liability affects such cases.
Understanding Liability in Teen Driver Accidents in Georgia
From the moment a teenager in Atlanta obtains a driver’s license, Georgia laws require them to abide by the same traffic rules and regulations as adults. As such, the legal concept of liability kicks in when a teenager causes a car accident. If the minor engaged in negligent driving that led to a car wreck, they may be liable for damages the injured victim incurs.
Some of the causes of teen driver accidents in Atlanta, GA, include:
Speeding
Speeding is one of the main contributing factors to Atlanta’s teen car accidents. Young drivers often get excited behind the wheel and risk speeding, compared to older adults. Teens are also likely to maintain shorter distances with the vehicles in front of them. What makes speeding particularly dangerous for teens is that most teenagers lack the ability to recognize and react to situations.
Distracted Driving
Distracted driving negatively affects driving performance and can be particularly dangerous for inexperienced, young drivers. Anything that takes a teen driver’s attention away from the road can be a distraction. Sending a text, using a car’s navigation system, or thinking about schoolwork can amount to distractions.
Distraction while driving may manifest in various ways, including:
- Taking one’s eye off the road
- Taking one’s hands off the road
- Taking one’s mind off the road
Drunk Driving
Georgia ranks third nationally as the state with the most children between 12 and 17 who consume alcohol. Drinking any amount of alcohol before getting behind the wheel increases the risk of accidents among teen drivers. Teenagers have a higher risk of being involved in crashes than older adults with the same blood alcohol concentration.
Reckless Driving
Due to the thrill-seeking nature of teens, they may often be reckless while driving in Georgia, engaging in behaviors like running red lights and tailgating.
Lack of Driving Experience
Teens are more likely to underestimate or fail to recognize dangerous situations. Still, they are more likely than older adults to make grave errors, resulting in serious accidents. For example, misjudging the other driver’s speed, failing to yield, and failing to check blind spots while changing lanes can lead to crashes.
Some other causes of teenage car crashes include:
- Not using seat belts
- Nighttime driving
- Drowsy driving
Key Statistics: Teen Car Accidents in Georgia
Motor vehicle accidents are the leading cause of death among teens in the U.S. According to the Centers for Disease Control and Prevention (CDC), approximately 2,800 teens aged between 13 and 19 were killed in the U.S. in 2020, with roughly 227,000 sustaining injuries. This translates to eight teen drivers dying every day and hundreds more sustaining injuries. The CDC also points out that these crashes cost the U.S. economy $40.7 billion in medical costs and lives lost in 2020.
According to the CDC, driver inexperience is the primary contributor to accidents and injuries for teen drivers. Male drivers were three times more likely to suffer fatal injuries compared to female drivers in 2020.
In Georgia, 203 teenagers were involved in motor vehicle crashes every day in 2019. During the same year, 169 teenagers were involved in fatal accidents, with 59 teens losing their lives. Vehicle occupants aged 15 to 20 incurred approximately $140 million in medical charges during the same year.
Steps To Take When Hit by a Teenage Driver
Dealing with the aftermath of a crash with a negligent teenager can be frustrating. Nonetheless, taking the right steps after an accident can help protect your right to compensation for injuries and damages.
Here’s what to do when you are involved in a crash with a teenage driver:
- Move to a safe location. Don’t stay on the road since you and the teenagers involved in the crash risk being hit by other vehicles.
- Check if you have sustained any injuries. Look for any signs of blood, broken bones, or other serious injuries.
- Contact law enforcement. Call 911 to request assistance. Once the police arrive, inform them about any reckless behavior you saw, like yelling out of the window or using a cell phone.
- Document the accident. If it is safe to do so, take as many photos and videos of the scene as soon as possible, including relevant road signs, skid marks, vehicle positions, and any visible damage.
- Notify your insurance carrier. After seeking medical help and talking to the police, contact your insurance company to report the accident. Avoid speculating about liability or fault.
- Keep records. Maintain a record of all your accident-related expenses, including medical bills and vehicle repair costs, as well as a copy of the police report.
- Talk to an Atlanta car accident lawyer. Consider consulting an attorney for legal guidance regarding your case.
The moments after a motor vehicle accident can be stressful and chaotic. Teenagers will obviously be terrified and scared after the crash. Calmly speak to them to reassure them that help is on the way. The minor that hit you may have no idea what they are supposed to do or where their insurance paperwork is.
Georgia’s Legal Stance on Parental Liability for Teenage Driving Accidents
After an accident, you may wonder, “Is a parent liable for a child’s car accident, or can parents be sued for a child’s car accident?” In Georgia, parents may be liable for the actions of their teenagers in certain situations under GA Code § 51-2-2.
Georgia’s Family Purpose Doctrine is based on the concept of vicarious liability, which means that parents can be held legally and financially accountable for the actions of their children. The basic theory is that a vehicle owner may be liable if they entrust their vehicle to a driver while they are aware the driver lacks the ability or maturity to drive safely.
To hold a parent liable for their teenager’s negligent driving under Georgia’s Family Purpose Doctrine, the injured party must prove the following elements with the help of an experienced car accident lawyer:
- The parent in question owns the vehicle involved in the crash
- The parent must have made the car available for family use
- The teen involved in the collision lives in the same household as the parent
- The parent allowed the teenager to use the vehicle for convenience, pleasure, or comfort
- At the time of the crash, the teen had permission to use the vehicle, and they were driving for a family purpose
- The parent allowed the child to use the vehicle while knowing they lacked the ability to operate it safely
- The parent allowed the teen to use the car despite their tendency for reckless driving
It should be noted that under the Family Doctrine, liability for damages caused by a teen isn’t limited to the parents. In their absence, guardians and elder siblings — assuming they are adults — can be held liable for the negligent driving of teen drivers as long as the above elements are proven.
A real-world example where the Family Doctrine would apply is when a teen is running errands for their parents, such as picking up groceries from the store, picking up a sibling from school, or dropping off a relative at the airport.
Navigating Insurance Claims After a Teen-Involved Car Accident in Georgia
Georgia is an at-fault state, implying the state applies at-fault rules when determining liability for damages after an accident. This means that the driver responsible for the accident is financially liable to pay for damages through their insurance company. But what if the driver is a teen? Can parents be sued for a child’s car accident?
If you and your Atlanta car accident lawyer can prove negligence on the teen’s part, you could recover compensation for damages such as lost wages, medical bills, and pain and suffering. Their parent’s insurance carrier should compensate you for your injuries and damages. Some examples of negligent driving behaviors that may warrant an insurance claim include drunk driving, speeding, and distracted driving.
When the Family Doctrine is applied correctly, it can come in handy as a source of compensation for damages caused by a negligent teenager. Teens without any property or income are technically referred to as “judgment proof.” This means that they are unable to satisfy court judgments by themselves.
Proving the teenager’s negligence using evidence is critical. Keep in mind that evidence may quickly disappear, and witnesses’ memories may fade over time. To have a compelling personal injury claim, it’s advisable to consult an attorney immediately after the accident. At Fry Goehring, our trial lawyers are ready to sue the parents directly to ensure you get compensation that covers all your accident-related damages.
Statute of Limitations for Teen Car Accidents
There is limited time to file your claim under Georgia’s statute of limitations. Even if a teenage driver causes an accident, the clock starts ticking from the date of the accident. You have two years to file your personal injury civil lawsuit before the statute of limitations expires. If you don’t file your claim within this period, you risk losing compensation for damages. Don’t procrastinate and get yourself into this situation. Speak to a car accident attorney now to discuss your case.
Free Consultation Regarding Your Atlanta Teen Car Accident Case
Coping with the aftermath of a car wreck is a stressful and traumatic experience for all involved parties. Auto accidents involving young Atlanta drivers can be particularly challenging from a legal standpoint. If you or a loved one has suffered an injury in an accident involving a teenage driver, you may feel hesitant to move forward with the case. However, under Georgia law, you could recover compensation for your damages if the teenager’s parents are liable for the accident.
Fry Goehring is here to help you build a compensation case. Our Atlanta attorneys will thoroughly investigate the case and seek compensation for your medical expenses, lost wages, property damage, and pain and suffering. Let us negotiate with the insurers for the best possible compensation.
Contact us today at 404-969-1284 for a free case evaluation. We are here to help.
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