Nighttime Driving, Teens, and Liability Issues

Night driving is dangerous for every motorist. However, teenagers seem to have a harder time driving at night than other demographics. Read on to learn about issues surrounding teenage drivers and nighttime accidents.

Risk Factors

Multiple issues make night driving dangerous for teenagers. Some of these risk factors include the following.

Inexperience

Safe driving is an acquired skill. Just because someone has a driving license doesn't mean that they can safely drive under all conditions, including at night. Thus, teenagers who have recently learned how to drive have a harder time with it than those who have driven for years. The inexperience increases the risk of a crash.

Fatigue

Fatigue has almost similar risks to intoxication. For example, fatigue:

• Triggers drowsiness
• Reduces reaction time
• Impairs judgment

Many teenagers are active during the day and get fatigued at night. Fatigue coupled with inexperience increases the risk of dangerous consequences.

Reduced Visibility

Reduced nighttime visibility means drivers might not spot dangers in time. For example, a driver might not notice a stalled car in time to avoid it. Many people also misjudge oncoming traffic's speed after dusk.

Intoxicated Drivers

The prevalence of intoxicated drivers at night also increases the risk of accidents. For example, some teenagers drink and drive, and intoxicated driving is dangerous for everyone. Teenagers might also poorly react if they meet other intoxicated motorists at night.

Liability

Multiple drivers might be liable if a teenager causes an auto accident. The two most likely liable parties are the teenager and the parent.

1. The Teenager

Any driver who causes an accident may be liable for the damages even if they are a teenager. You implicitly owe it to other road users to drive carefully and not cause accidents after you receive your driving license. Thus, a teenager who violates this duty of care and causes a crash is just as liable for their actions as other adult drivers.

2. The Parent

Parents are sometimes liable for accidents that their teenagers might cause. Some legal theories for parental liability include:

• Negligent entrustment — This legal theory applies if a person entrusts another with a dangerous property that the second person uses to cause damages. The theory may apply if the teenager is inexperienced or has a history of accidents.
• Vicarious liability — This theory makes a person in authority liable for the negligent actions of their agent. For example, a parent who allows their teenager to use the family car might be liable for the damages the teen might cause.

Thus, you may collect damages from the teenager, their parents, or both parties, depending on the circumstances. For example, you may collect damages from the parent's insurance policy if the policy includes the teenage driver, which is a common situation.

Damage Collection

Understand auto accident laws, especially liability issues, to help you collect damages against a teenage driver. A couple of things you should know to help you with the collection include the following.

Joint and Several Liability May Apply

In most cases, teenagers lack the resources to compensate for auto accident damages. For example, an uninsured teenager who causes an accident might struggle to compensate the victims. Joint and several liability may help you collect your damages, depending on your state's laws.

Joint and several liability can mean that both the teenager and their parents are liable for your entire damages. That is, the parents should pay the whole compensation if the teenager is unable to pay anything.

Both Parents May Be Liable

Note that both parents may be liable for the damages if they are available. Parental liability isn't partial to mothers or fathers. Therefore, you may collect your compensation from both parents if both of them have insurance coverage or the resources to cover your losses.

Treat an auto accident with a teenager just like any other accident. Contact Frank W. Thompson, Attorney At Law, to investigate the circumstances of the crash and determine everyone liable for it. That way, we can help you pursue maximum compensation for your damages.