What Are My Options Following an Accident Involving a Teen Driver?

 Posted on March 17, 2023 in Personal Injury

Being involved in a car accident can be an overwhelming experience, but a situation may be even more challenging when the other driver is a teenager. Teen drivers are known for being inexperienced and sometimes reckless, which can result in serious accidents with severe consequences. If you have found yourself in this unfortunate situation, you may be wondering about your options for seeking compensation and ensuring that you will be able to move forward successfully. Fortunately, there are several steps you can take to protect yourself, pursue compensation for your injuries, and potentially make the roads safer for everyone.

Understanding the Teen Driver's Liability

It is important to know that, regardless of age, all drivers have the duty to exercise reasonable care while operating a motor vehicle. This includes obeying traffic laws, being attentive to the road, maintaining proper control of their vehicle, and adapting to various conditions. If a driver fails to take this level of care and an accident occurs, they may be found negligent and held liable for any resulting damages. When it comes to teen drivers, the legal concepts of negligence and liability apply just as they would to any other driver. Following an accident, it is important to gather as much evidence as possible, such as witness accounts, photographs of the scene, and police reports, to establish the teen driver's liability.

Communicating With the Teen Driver's Insurance Company

Depending on the specifics of the accident and the coverage provided by the teen driver's policy, their insurance company may choose to settle the claim, or it may attempt to deny coverage. When making a claim, be prepared to provide detailed information about the accident, the damages you sustained, and the expenses incurred as a result. Before contacting an insurance company, including your own insurer, it is usually a good idea to consult with a personal injury attorney to ensure that you receive a fair settlement from the insurance company.

Exploring the Role of the Teen Driver's Parents

In some cases, the parents of a teen driver may be held liable for their child's negligent actions. This can happen if the parents provided the teen with a vehicle or otherwise enabled their reckless behavior. Parental liability may be possible under legal theories such as negligent entrustment or vicarious liability. If you believe the parents of the teen driver bear some responsibility for the accident, be sure to discuss this with your lawyer, as it may impact your legal strategy.

Assessing the Possibility of Shared Fault

Car accidents can be complex events, and one party is not always solely responsible. In some cases, multiple parties may have contributed to the accident, and this can impact the compensation you may be entitled to. In Wisconsin, comparative negligence laws allow you to pursue compensation as long as you were 50 percent or less responsible for the accident. Your potential compensation may be reduced by your percentage of fault, so it is crucial to speak with a lawyer who can help you build a strong case to demonstrate each party's level of fault.

Seeking Compensation Through a Personal Injury Lawsuit

If the insurance company refuses to offer a fair settlement, or if the parents of the teen driver are found to be liable, pursuing a personal injury lawsuit may be your best option for obtaining compensation. A personal injury lawsuit allows you to seek damages for medical expenses, lost wages, pain and suffering, and other losses. To ensure that your case is presented in the best possible light, you can work with an experienced personal injury attorney who can guide you through the legal process and advocate for your interests.

Contact Our Milwaukee Teen Driver Car Accident Lawyers

As you pursue your options following an accident with a teen driver, it is important to remember that knowledge is power. Understanding the legal concepts at play and knowing how to navigate potential complications can help put your mind at ease and maximize your chances of receiving compensation. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee, WI car accident attorneys can provide you with guidance in these situations, and we can work with you to ensure you take the correct steps to pursue the compensation you need and deserve. Contact us at 414-271-1440 to set up a consultation today.

Sources:

https://www.cdc.gov/transportationsafety/teen_drivers/teendrivers_factsheet.html

https://docs.legis.wisconsin.gov/statutes/statutes/895/i/045