What to Do After Your Teen Driver Has a Car Accident
A car accident is scary for anyone, but it’s especially terrifying for a teen driver. After having their license for just a short time, suddenly they hear the sickening sound of metal hitting metal in a car crash. Now what?
It’s important for teen drivers to stay calm after an accident, even though it’s very difficult at this high-stress moment. What happens next could affect them and their family financially, emotionally, medically, and legally.
This guide provides crucial information for parents in California about what steps to take immediately after an accident involving their teen driver, covering legal responsibilities, potential liabilities, and how to protect your family.
Immediate Steps After the Accident: A Checklist for Teen Drivers
It’s vital that your teen driver understands what to do immediately following an accident. Even a minor fender-bender requires specific actions. Teach them this checklist and consider printing it out and keeping it in their glove compartment:
- Stay Calm and Check for Injuries: Take deep breaths. Check yourself and any passengers for injuries. If anyone is seriously hurt, call 911 immediately.
- Safety First: If possible, move vehicles to the side of the road, out of traffic. Turn on hazard lights. If the vehicles cannot be moved, and it is safe to do so, make yourself visible, set out flares or warning triangles if available.
- Call the Police: Even for minor accidents, it’s important to file a police report. This creates an official record of the incident. Do not admit fault to the other driver or the police. Simply state the facts.
- Exchange Information: Politely exchange the following information with the other driver(s):
- Name
- Contact Information (phone number, address)
- Driver’s License Number
- Insurance Company and Policy Number
- Vehicle Information (make, model, license plate)
- Document the Scene: Take photos of the damage to all vehicles, the accident scene (including street signs, skid marks, etc.), and any visible injuries.
- Gather Witness Information: If there are any witnesses, get their names and contact information.
- Notify Parents/Guardians: Call your parents or guardians immediately, even if the accident seems minor.
- Do NOT Discuss Fault: Avoid discussing who was at fault with the other driver, witnesses, or even the police beyond providing the basic facts. Let the insurance companies and legal professionals determine liability.
- Seek Medical Attention: Even if you don’t feel injured immediately, it’s crucial to get checked out by a doctor. Some injuries, like whiplash, may not be apparent right away.
California Laws for Teen Drivers
The California Office of Traffic Safety reports that teen drivers are at a much higher risk of causing serious road accidents than other drivers. When a teen driver is behind the wheel and has one or more passengers in the car, everyone’s risk of death in a fatal crash rises by 51%.
Safety concerns are the primary reason teen drivers in California must obey a slightly different set of rules than everyone else on the road. Drivers under age 18 are issued provisional licenses that come with certain restrictions.
After Being Licensed
California’s Provisional License Restrictions
The California Office of Traffic Safety highlights the significantly higher risk teen drivers pose. To address this, California issues provisional licenses with the following restrictions for the first 12 months:
- Curfew: Driving is prohibited between 11 p.m. and 5 a.m.
- Passenger Restrictions: No passengers under 20 years old are allowed unless accompanied by a licensed driver 25 years or older, a parent/guardian, or a driving instructor.
Exceptions: There are some very narrow exceptions, such as medical necessity, school activities, and employment needs. It is important to verify whether or not an exception applies.
Parents’ Liability for Their Teens’ Accidents
If you’re the parent of a teen driver, ensure they’re thoroughly familiar with the rules of the road as well as the special restrictions for provisional drivers. Help them understand that if they are stopped by a police officer or are in an accident, it’s not enough to say, “I didn’t know.” All drivers are expected to know the law.
In California, parents/guardians are required to sign a consent form (DMV form DL 44) when their teen applies for a learner’s permit and license. This form has significant legal implications:
- Financial Responsibility: By signing, parents accept financial responsibility for any damages or injuries caused by their teen driver’s negligence or wrongful acts. This is outlined in California Vehicle Code sections 17707
- Revoking Consent: Parents can revoke their consent, but this will result in the cancellation of the teen’s driving privileges.
- Liability Limits: While Parents are liable, there are limits to this liability (California Vehicle Code 17709) As of the last update to this post, those limits are: $15,000 for injury or death of one person, $30,000 for more than one, and $5,000 for property damage. These limits can be subject to cost of living increases. These limits do not apply if the parent expressly authorized the wrongful conduct.
History of Using Alcohol or Drugs
If a teenager causes an accident, drives drunk, drives on drugs, damages someone’s property, or injures someone, their parents can be held liable. When a teen has a history of using alcohol or drugs, this information will we heavily against the parents in establishing liability.
Teen drivers can face an array of legal consequences, in addition to their parents’ liability for the crash. Teens can be cited for unsafe driving, face misdemeanor charges, lose their license for 30 days, or even have their license suspended beyond age 18.
This is why it’s important for parents to consider their child’s individual capacity for driving safely and establish boundaries for safe driving. Consider requiring your teen to keep their phone locked in the glove box while driving, wear their seat belt, avoid driving passengers, drive only during daylight hours, and check in with you before and after they drive to a new location.
After a Teen Driver’s Accident, You Can Sue
Whether you’re the parent of a teen driver or you were injured in an accident with a teen driver, California law allows injured parties to sue if the accident was caused by someone else. Each accident is unique, but there may be circumstances that help establish liability.
Consider these factors:
● Was the teen driver using their cellphone before the crash?
● Were they drinking alcohol or using drugs?
● Did they have multiple passengers?
● Were they driving during restricted hours or under restricted conditions?
● Did the accident cause severe injuries?
● Was someone’s life at risk?
An injured driver can pursue a personal injury settlement by hiring a lawyer and requesting compensation from a teen driver’s parents and their auto insurance company. Contact a California lawyer who has experience with these types of cases and will help you secure a positive outcome.
“After getting rear-ended by a distracted driver, I was absolutely clueless as to what to do and where to turn. After a friend recommended me to Sally, my problems quickly faded. Sally and her team worked tirelessly to make sure that I was taken care of on all fronts. Not only did I resolve my issues and get the settlement that I needed, but I got the medical care that I so desperately needed in that moment. Thank you so much, Sally! While I hope I never have to use a personal injury lawyer again, you will get the first call should that need arise!” – Scott
California Teen Driver Accident Statistics: Key Facts and Risks
Teen driver accidents are a significant problem in California. These statistics highlight the critical need for prevention and understanding legal options:
Key Statistics (2021 Data, unless otherwise noted):
- Crashes: 171 fatal crashes and 15,315 injury crashes involved drivers aged 15-20. (Source: TIMS Provisional Data)
- Disproportionate Involvement: Drivers aged 15-20 represent only 4% of licensed drivers but are involved in nearly 9% of fatal crashes and 10% of injury crashes. (Source: TIMS Provisional Data)
- Leading Causes:
- Unsafe Speed
- Right-of-Way Violations
- Improper Turns
- Driving Under the Influence (DUI)
- Distracted Driving (especially cellphone use) (Source: California Office of Traffic Safety)
- Passenger Risk: The presence of passengers significantly increases the risk of a fatal crash for teen drivers, rising with each additional passenger. (Source: IIHS)
- Nighttime Risk: A large percentage of fatal teen driver crashes occur at night (9 p.m. – 6 a.m.). (Source: IIHS)
Why This Matters:
These statistics represent real-world consequences and underscore the importance of:
- Comprehensive Driver Education
- Active Parental Involvement
- Strict Enforcement of GDL Laws
- Ongoing Safety Campaigns
- Legal Support After Accidents
Experience a serious car accident with a teen driver?
Check out our Car Accident Page to learn more about how the process works.
We Handle Your Personal Injury Claim So You Can Focus on Your Life
After an injury, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many areas of the law, including teen car accidents. We believe you should be able to focus on recovering while we handle the legal details. We truly care about the citizens of California. Contact us today for a free online case evaluation.
