What Happens if a Minor is Involved in a Car Accident?
What happens if a minor causes a car accident? What can be done? Who can you hold accountable? A brief answer is that parents may be held responsible. In California, a parent or legal guardian of a minor under 18 years old must sign a driver’s license application for the minor to receive their license.
If you’ve been injured in a car accident and are looking for a car accident lawyer in California, My Lawyer Mark can help. We have over 35 years of combined experience handling all types of accidents. Call us at (866) 721-5808 for a free consultation.
What Happens if a Minor Causes an Accident in California?
When an accident involves someone under the age of 18, determining liability can become a complex process. It’s important to understand that the law does not automatically assume negligence on the part of a young driver. Like adults, minors are subject to the same traffic rules, and proving negligence is a vital step in seeking compensation.
Under California’s legal system, there are specific rules for minors. Typically, if you are under 18 years old, you cannot sue or be sued directly. Instead, the court appoints a “next friend” to represent the minor, usually their parents or guardians.
Vehicle Code 17707 and Its Importance in These Cases
California Vehicle Code (CVC) Section 17707 states that in California, parents must sign a consent form to allow their minor child to drive. Once parents sign this consent form, they assume responsibility for any accidents caused by their child while driving. This is referred to as parental liability.
How to Obtain Compensation for an Accident Caused by a Minor
When it comes to seeking compensation after an accident, it’s essential to prove negligence occurred. You must demonstrate that the other party owed you a duty of care, that they violated it, and that this caused the accident and your injuries. When the driver is a minor, a court will review the case and determine the responsibility of the parents or guardians.
This responsibility could include:
- Parental negligence: When parents are responsible due to their inaction or ignorance of their child’s reckless behavior.
- Negligence by the minor driver: In this scenario, parents or guardians may or may not be held liable.
- Intentional misconduct by the minor: When a minor shows deliberate intent to harm others. In this case, both the minor and the parents or guardians may be held responsible.
Consequences for the Minor’s Parents
Parents may face fines of up to $500 or even months of incarceration. If the injuries are severe, a catastrophic injury attorney can help you effectively claim fair compensation. Otherwise, the case will proceed to ensure negligent parents are held accountable.
What Compensation Can Be Claimed?
As with any other accident, California law allows plaintiffs to recover compensatory damages after an accident caused by a minor. These damages are categorized as:
Economic Damages
These are damages that can be calculated in monetary terms, compensating plaintiffs for specific losses. Examples include:
- Lost wages
- Medical expenses
- Property damage
Non-Economic Damages
These damages do not necessarily involve direct costs. They include more subjective losses, such as:
- Pain and suffering
- Emotional distress
- Physical impairment (e.g., loss of use of a limb or organ)
- Disfigurement
- Inconvenience
- Loss of enjoyment of life
Exceptions Parents Can Use to Defend Against a Claim
There are five common liability defenses in these cases:
- The parent’s child was not driving the car in question (the car was stationary).
- The parent’s child was not the driver (was a passenger in the vehicle).
- The parent never signed or verified the child’s license application.
- The parent signed and verified the application but later withdrew their consent.
- The child had to drive the vehicle due to an emergency.
Regardless, if you’ve been injured in an accident, call My Lawyer Mark at (866) 721-5808. We’ll evaluate your case and let you know as soon as possible how to begin the claims process.