What If the Other Driver Was Under 18? Can I Still File a Car Accident Claim?
Accidents involving teenage drivers often raise questions about liability. Many people wonder whether a driver under 18 can be held responsible for a car accident. The answer is: yes, minors can be liable, and in some cases, their parents may also be responsible.
Liability of the Underage Driver
Even if the driver is a minor, they can still be legally responsible for negligence. In Texas, there is a very young age—around 3 or 4—under which a child cannot be held liable for negligence. However, any licensed driver under 18 is generally held to the same standard of care as adult drivers.
This means that if the teenage driver caused an accident due to distracted driving, speeding, or any other negligent behavior, they can be sued directly for damages, just like an adult driver.
Parental Responsibility: Negligent Entrustment
Sometimes, the parents or guardians of an underage driver may also be held liable under the legal theory of negligent entrustment. This occurs when a parent:
Allows a minor to drive a vehicle when they know or should know the child is incompetent or unsafe behind the wheel
Fails to take reasonable steps to prevent the minor from causing an accident
In these situations, you may have the option to pursue claims against both the driver and the parents, which can increase your ability to recover damages for medical bills, lost wages, and pain and suffering.
Why You Need an Experienced Car Accident Attorney
Accidents involving underage drivers can be legally complex, especially when parental liability is involved. An attorney can help by:
Determining who may be legally responsible (the minor, the parents, or both)
Investigating the circumstances of the accident and obtaining witness statements
Collecting evidence to prove negligence or negligent entrustment
Negotiating with insurance companies to ensure the full value of your case is considered
Having the right legal guidance can protect your rights and maximize your recovery after an accident caused by a minor driver.
Takeaway
Being involved in an accident with an underage driver does not prevent you from pursuing a claim. Both the driver and potentially their parents may be liable, and an experienced attorney can help navigate these cases effectively.
