What Parents Need to Know About Liability After Teen Driver Accidents in MA
If your teenager is involved in a traffic accident, your first concern is, quite obviously, making sure that they’re okay. Then, you might start worrying about whether or not you, as the parent, could be held legally or financially liable. Unfortunately, many parents mistakenly believe that only the driver is liable, but that isn’t always the case when they are underage.
In Massachusetts, parents are not inherently blamed for every accident caused by their teenage driver. However, there are certain situations in which they can be held liable. For example, if you let your teen drive even though they are careless, inexperienced, or unsupervised. You might also be held responsible since liability insurance typically follows the vehicle when the driver has the owner’s permission, although certain exclusions and rules may apply. In other words, the vehicle’s owner and policyholder (i.e., you) may have to pay for the damages.
Knowing these rules and partnering with an experienced Massachusetts car accident lawyer from the Law Offices of Gerald J. Noonan can help protect your rights and avoid surprise expenses if your teen driver is involved in an accident.
What does “parental liability” mean?
By and large, the driver who caused the accident is on the hook for any damages. When that driver is a minor, however, parents can sometimes be held responsible according to the doctrine of parental responsibility, depending on the facts surrounding the incident.
Simply put, this means they may be held answerable for certain wrongful actions perpetrated by their child. Parents can also be held liable if they engaged in negligent entrustment, meaning they allowed a reckless, inexperienced, or unlicensed teen to drive. In some cases, the legal theory of negligent supervision may be applicable if a parent failed to monitor their teen’s driving properly.
Parent liability applies to insurance and vehicle ownership as well. In Massachusetts, insurance follows the vehicle, not the operator. So, if the vehicle in question is registered under a parent’s name, their policy could be used to cover any accident-related damages.
In Massachusetts, parents can be financially liable for as much as $5,000. This law applies only to willful or malicious acts committed by drivers under 18, not to ordinary negligence such as distracted driving.
Why are parents held liable for their teen’s driving mistakes?
The main reason that parents can be held responsible for their teen’s traffic accident is that they are the ones in charge of their child’s driving privileges. They are tasked with deciding if, when, and where their teenager is allowed to drive.
Additionally, Mom and Dad are typically the ones insuring the vehicle, which means they’re intrinsically linked to any economic responsibility associated with that specific vehicle. For example, when a teenager is involved in a collision caused by reckless driving, the parents and their insurer may face liability depending on ownership, consent, and the circumstances.
How do Massachusetts’ liability laws work?
Each state has its own rules about if and when parents can be held responsible. In Massachusetts, there are numerous laws specific to teen drivers and the degree of supervision their parents are expected to provide. These laws summarize the various scenarios in which a parent may have to pay for injuries or other damages, either because they were negligent or simply because they own the car involved in the accident.
- Massachusetts General Laws Chapter 231, Section 85B: This law basically says that there is a presumption of owner responsibility in certain accident cases when the vehicle is operated with the owner’s consent, unless the owner proves otherwise.
- Massachusetts General Laws Chapter 231, Section 85G: This law says that parents can be made to pay up to $5,000 if their minor child engages in willful or malicious conduct (not ordinary negligent driving).
- Massachusetts General Laws Chapter 90, Section 8: This law explains how licensing new drivers works in Massachusetts. It includes rules about when parents must give consent and the special limits placed on drivers who are under 18.
Insurance requirements
Every registered vehicle in Massachusetts is required to have auto insurance. All vehicles, including those driven by junior operators, are required to carry liability coverage for bodily injury, uninsured drivers, personal injury protection, and property damage. In order to ensure complete protection, parents should also consider adding collision and comprehensive coverage and coverage for underinsured drivers. Purchasing property damage and bodily injury coverage above and beyond the statutory minimums is also a smart idea.
According to recent statistics, teens are three times more likely to get into a crash than drivers over 20. Because of that, it’s important to make sure your teen has enough insurance coverage to financially protect your family. Insurance policies for teens tend to cost more than their adult counterparts. Parents can add their teenagers to their own policy, and many insurers require that parents list licensed teens who live in the household and may operate the vehicle, though options can vary by insurer and policy circumstances.
How can I protect my teen’s right to compensation?
If your teen driver is involved in an accident, you can help them protect their right to financial compensation by:
- Immediately notifying law enforcement and reporting the accident.
- Writing down the names and contact details of the other driver(s) and any witnesses.
- Documenting the accident scene by taking photos or videos of the cars, any visible injuries, physical evidence such as skid marks, current traffic and weather conditions, and any other damage resulting from the incident.
- Seeking prompt medical attention for your teen, even if you think they managed to escape unharmed. Postponing medical treatment weakens your injury claim and gives insurers a reason to contest the source of your injuries.
- Contacting a Massachusetts car accident lawyer for help dealing with the insurance companies. A skilled attorney can speak to them on your behalf and work to make sure your claim is taken seriously and that you get the compensation you deserve.
If your teenage driver was involved in a Massachusetts car accident, contact the Law Offices of Gerald J. Noonan today to schedule your free consultation.
How can my teen get their Junior Operator’s License?
To get a Junior Operator’s License in Massachusetts, a teen must have held a learner’s permit for at least six months, finished an approved driver’s education course, and completed the required number of supervised driving hours with a parent or guardian. They also have to pass required exams, including the road test.
For the first six months after getting a Junior Operator’s License, teens cannot drive with passengers under 18 unless those passengers are immediate family or a licensed driver over 21 is in the car with them. They also aren’t allowed to drive between the hours of 12:30 a.m. and 5:00 a.m. unless a parent or guardian is with them.
What happens if your junior operator causes an accident?
The law in Massachusetts inflicts fairly severe punishments for violations committed by junior operators. For example, a junior operator who is not accompanied by a properly licensed adult could have their license (JOL driving privileges) suspended and owe a reinstatement fee before their driving privileges will be restored.
Certain serious violations can carry fines up to several hundred dollars, depending on the offense. They may also be required to take a driver safety class before they get their license back.
Contact the Law Offices of Gerald J. Noonan
Regrettably, teenagers are often labeled as unsafe drivers, even when they haven’t done anything wrong. With this in mind, the other driver might lean into that stereotype and use it to shift the blame away from themselves unfairly.
In this situation, it’s important to consult with a knowledgeable Massachusetts car accident lawyer. They can track down witnesses and other strong evidence to show who really caused the crash and ensure that your teen isn’t left carrying the can for a car accident they didn’t cause.
Unfortunately, accidents can and do happen. If your teen was injured in a car accident or you were injured in an accident caused by a junior operator, reach out to the Law Offices of Gerald J. Noonan by calling today or filling out the simple contact form on our website.