Sometimes, auto accidents involving teen drivers create difficult legal issues with respect to legal liability. Thus, if you have been injured in an accident here in Calvert County, Maryland, where the other driver is a teenager, it is best to consult with an experienced and knowledgeable car accident attorney like the ones at the Office of Robert Castro. If you have been injured, call us at (301) 870-1200 or use our contact page.

Teen duty of care

In Maryland, ALL drivers of motor vehicles have a duty of care to others using the roads. This means that teenagers also have this duty. Among other things, this means that teens must pay careful attention while driving and obey all traffic laws. These are the two most common duties that are owed by drivers.

Proving negligence for injuries and damage to vehicles

To prove liability for causing a crash, the victim must prove the elements of negligence. These are duty, breach of duty, causation, and injury/property damage. A teenager is held to this legal standard like an adult. If a teenager fails to drive carefully and be watchful for others on the road or if a teenager fails to obey traffic laws, the teenager has breached his or her duties. If an accident is then caused and injuries result, then the teenager is likely to be held legally liable for the compensation that must be paid to the victims.

Can the parents be held responsible and what about uninsured/underinsured insurance coverage?

One of the complexities of teenagers being involved in motor vehicle accidents is the fact that many times, teenagers do not have their own car insurance and often have no assets that can be seized to pay a liability judgment. So, several questions arise, including:

• Is there insurance coverage for the teen driver, either directly or through parents’ coverage?
• Can the parents be sued?
• Will the parents’ insurance apply?
• Will victims have to use their uninsured/underinsured insurance coverage?

The first and second questions are interrelated. Often, a new driver will be added to the parents’ motor vehicle/homeowners insurance as a routine matter. In those cases, the Calvert County, Maryland, car accident case will proceed normally. That is, an insurance claim will be made, evidence collected, negotiations conducted, and, most often, a settlement will be reached.

This is also the typical process if, under Maryland law, the parents can be sued. If the parents can be sued, that fact will generally trigger the parents’ insurance coverage. Under Maryland law, parents are responsible for their children’s auto accidents if the child is allowed- given permission- to take and drive the car. The theory of liability is negligent entrustment. That is, the parent was negligent in allowing the teenager to borrow the car. This is generally true when any person gives another permission to drive their vehicle. Most insurance policies will provide coverage for these circumstances. Parents can also be liable for accidents if they sign off on their child’s driver’s license application.

Now, if no permission was given, then, in effect, the crash involved a stolen car. The likely result is that the victim’s uninsured/underinsured insurance coverage will be needed.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.