Speeding accidents in Palm Desert resulted in 82 fatal and injured victims in 2021. If a teenager causes a crash due to speeding, they are usually liable for the damages. In such a case, the parent or guardian of the teenager is responsible for covering the damages expenses sustained by the victims.
In this article, you will understand liability in speeding accidents involving teen drivers and how to protect your rights in such an instance.
Why Do Teen Drivers Speed?
According to a study by the Governors Highway Safety Association, a higher percentage of speeding accidents involved teenage drivers and passengers (aged 16-19), accounting for 43% of such fatalities compared to other age demographics (30%) from 2015 and 2019. Over these five years, a total of 4,930 teenage drivers and passengers lost their lives in crashes attributed to speeding.
With the significant number of speeding accidents involving teenagers, it is crucial to understand the factors influencing their decision to speed and combat such issues.
Adolescents are more likely to engage in risky behaviors because of their developing minds and inclination toward thrill-seeking activities. This can include speeding while driving. Research published in Scientific Reports in 2022 examined the driving habits of young adults through a virtual reality driving simulator and revealed that individuals with sensation-seeking traits tended to drive at higher average and maximum speeds.
Additionally, inexperienced drivers may make poor decisions and have trouble judging speed adequately, particularly while driving in unfamiliar environments or on rough roads. According to a study titled “Prevalence of teen driver errors leading to serious motor vehicle crashes,” fatal crashes involving teenagers resulted from a lack of experience and poor decision-making.
In the same research, teenagers were responsible for 79.3% of the accidents attributed to driver error. Among teen errors, the following were true:
- Recognition errors, such as inadequate surveillance and distraction, were the most prevalent, accounting for 46.3% of all teen errors.
- Decision errors, such as following too closely or driving too fast for conditions, accounted for 40.1%,
- Performance errors, like loss of control, made up 8.0%.
As such, distracted driving also contributes to speeding accidents involving teen drivers. According to the National Highway Traffic Safety Administration, 225 teens aged 15 to 19 years old were killed in distraction-affected crashes in 2021.
Teen drivers may speed for various reasons, including social, cognitive, and environmental. This emphasizes the significance of thorough instruction, parental supervision, and the enforcement of traffic regulations in fostering safe driving practices among teen drivers.
How Often Do Speed Accidents Involving Teen Drivers Happen in California?
Did you know that between 2015 and 2019 in California, there were 979 fatalities involving teen drivers and passengers? Among these, 453 deaths, comprising 46%, were linked to speeding.
Unfortunately, teen drivers exhibit a greater tendency than older drivers to exceed speed limits and maintain shorter headways, which refers to the distance between the front of one vehicle and the front of the next.
Teen drivers are more likely to experience auto accidents due to poor driving decisions, unmaintained roads, and poor weather conditions.
Is There Teen Driver Insurance in California?
Everyone, including teen drivers, must have auto insurance when operating a vehicle. This implies that getting insurance is a need before driving, even for those with a learner’s permit.
In California, drivers must fulfill specific liability requirements, which include:
- $15,000 in coverage for one person’s death or injuries.
- $30,000 in coverage for numerous people’s injuries or fatalities.
- $5,000 in property damage insurance.
Moreover, there are two ways to secure teen driver insurance, including:
- Obtaining separate insurance specifically for a teenage driver.
- Adding a teen driver to a parent or guardian’s existing insurance policy.
Note that adding a teen driver to a parent or guardian’s current auto insurance plan typically proves more cost-effective than obtaining a new policy. However, the parent must ensure that their insurance policy’s deductible and coverage limits are adequate to provide sufficient protection for the teen driver. If not, adjustments may be necessary based on various factors, including their financial situation and the vehicle’s value.
On the other hand, when obtaining a new teen insurance policy, you can select the type of coverage suitable for the adolescent. Teen drivers usually have higher insurance premiums because they have less driving experience and are more likely to be involved in accidents.
Can I File a Claim for a Speeding Accident in Palm Desert Involving Teen Drivers?
Usually, the driver who commits an action resulting in a car accident must be liable for the crash. If a speeding driver hits you, you may file a claim to receive compensation for the damages. In such a case, the at-fault driver’s insurance provider covers the collision’s damage expenses.
Generally, negligence in a car accident may be demonstrated through the following elements:
- The driver was responsible for ensuring everyone’s safety on the road.
- They neglected this duty.
- The breach of duty resulted in a car accident.
- The crash caused injuries and other damages.
When proving negligence, you must have the necessary evidence, such as:
- Witness testimonies
- Photos of the accident scene
- CCTV and Surveillance footage
- Police Reports
- Car accident reconstruction analyses and others
Who is Liable for a Speed Accident with a Teenager?
Injured victims tend to avoid filing a claim for a collision caused by a teenager, thinking their age exempts them from liability. Remember that a party bears liability in an auto collision if your damages directly result from their actions. If the teen driver’s speeding violation directly caused the car accident in Palm Desert, they should be liable for the crash.
However, if the at-fault party is underaged, several principles may come into play that influence who bears the responsibility of covering the expenses of the damage. In most cases, the teen driver’s parent must pay the costs of the collision.
Negligent Entrustment
If a parent or legal guardian allows a known risky or inexperienced teen driver to operate a car, there may be legal consequences. This liability results from the knowledge or belief that the teenager is not competent enough to operate a vehicle safely, endangering other drivers.
For example, suppose a parent permits their child to use the car to run errands like grocery shopping even though they know the child has been in a speeding accident before. In that case, they might be held accountable if the child gets into another collision.
Vicarious Liability
Under the legal principle of vicarious liability, parents or legal guardians can be held responsible for the actions of their underage children if those actions result in injuries or damages to others. When a driver under 18 is involved in a car accident whose negligence causes injury or damage, the parents or guardians may be held legally accountable for their child’s actions.
Application for Driving Privileges
Similarly, those who endorse and validate the driver’s license application of an individual under 18 may also bear legal responsibility in a car accident caused by the teen driver. Typically, this endorser, often a parent or legal guardian, assumes joint and several liability with the minor for any damages resulting from the adolescent’s negligent driving. Therefore, parents or legal guardians must be aware of the potential legal consequences when approving a minor’s application for a driver’s license.
While parents or guardians are usually responsible for a speeding accident caused by their children, there are specific instances where they are free of liability, such as when the parent does not have custody of their child at the time of the crash. A Palm Desert accident lawyer can examine the facts of your case and determine the liable party when handling your claim.
What Happens if I’m Partially Liable for the Speeding Accident in Palm Desert?
California follows a principle of pure comparative fault, which means that accident victims can pursue personal injury claims regardless of their degree of fault in causing the accident. However, depending on how much they contributed to the crash, they will likely obtain a reduced settlement.
For instance, suppose you were talking on the phone while driving, and a speeding teen driver suddenly rear-ended your vehicle. As soon as the court determined that you were guilty of distracted driving, they decided you were 20% responsible for the crash. Consequently, you may receive 80% compensation for the accident damage.
Similarly, the speeding teen driver can also seek 20% compensation for the damages resulting from the collision. This is why it is crucial to consult a Palm Desert car accident lawyer promptly to prevent the dismissal of your case. They will also determine the overall damages to maximize your payout.
Lawyer’s Tip: Accepting an offer means freeing the at-fault party of liability. So, if other injuries or damages resurface after the settlement, you can no longer seek compensation. It is best to contact a California car accident lawyer who can assess the total damages of your crash.
How Can a Palm Desert Car Accident Lawyer Help Me?
Dealing with a speeding accident in Palm Desert involving a teen driver may become challenging. With their increased speed, the collision may result in catastrophic injuries. Sometimes, teen drivers also opt to flee the scene. What happens if a fleeing teen driver hits you and you end up sustaining severe injuries, hindering you from obtaining evidence at the scene?
A Palm Desert car accident lawyer can handle your case, such as gathering evidence, locating the driver, and defending your rights – all while you focus on recovering from your injuries. They can also do the following to guarantee a successful outcome:
- Analyze the accident’s circumstances.
- Collect evidence to support your claim.
- Prove liability.
- Calculate the total settlement.
- Defend your legal rights.
- If needed, take the matter to trial.
Why Choose Car Accident Lawyers in Palm Desert from Jacoby and Meyers
At Jacoby & Meyers, our enduring dedication to assisting accident victims in obtaining the justice they deserve remains steadfast. We are committed to giving back to our communities by facilitating access to essential medical care for those affected by accidents.
Our legal team has developed an efficient process to ensure you are fully informed about your legal rights and receive the justice you are entitled to. Our dedicated team of legal professionals provides exceptional service by:
- Maintaining transparent and open communication throughout every phase of your case.
- Skillfully negotiating with insurance companies to secure fair and equitable compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Addressing any additional concerns related to your accident to alleviate your anxieties.
- Safeguarding your legal rights by establishing liability, assessing the extent of damages, and vigorously advocating for your claim.
We offer a complimentary consultation where you can receive legal advice from the best Palm Desert car accident lawyers. To explore your legal options, contact us at 800-500-0000.
Jacoby & Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
Although many other law firms make similar claims, we can offer our clients solid legal support. Thus, we encourage our former clients to talk about their satisfying experiences using our legal services.
“This experience has been less stressful with the help of Jacoby & Meyers and our case manager, Arlete. The team’s expertise has made it less painful than expected. They care and understand their client’s needs, fighting for the best result and outcome. I can’t say thank you enough to the team. If you want the best, select Jacoby & Meyers for your attorney.”—Evelyn B.
Frequently Asked Questions
Do you have further questions regarding car accident claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
- How To Document Witness Testimonies for Car Accidents in California
- How to Take Photos in a Car Accident Scene
- How Do I Include Lost Wages in My Personal Injury Claim?
- What Do in a Hit-and-Run Parked Car Situation?
- What Are the Hit-and-Run Laws in California?
Works Cited
“Auto Insurance Requirements – California DMV.” California DMV. Accessed 19 April 2024.
Carpenter, Susan. “Half of Teen Driver, Passenger Deaths in CA Speeding-Related.” Spectrum News, 26 January 2021. Accessed 19 April 2024.
Durbin, Dennis R. “Prevalence of teen driver errors leading to serious motor vehicle crashes.” PubMed. Accessed 19 April 2024.
Meyer, Susan. “Teen driving statistics and the most dangerous states for teen drivers.” The Zebra, 15 March 2024. Accessed 19 April 2024.
“OTS Crash Rankings Results.” California Office of Traffic Safety. Accessed 19 April 2024.
“Predicting Driving Speed from Psychological Metrics in a Virtual Reality Car Driving Simulation.” Scientific Reports, 5 March 2024. Accessed 19 April 2024.
“Teens and Distracted Driving, 2021 Data.” CrashStats – NHTSA. Accessed 19 April 2024.
“Teens and Speeding: Breaking the Deadly Cycle | GHSA.” Governors Highway Safety Association. Accessed 19 April 2024.
Call or text 888-522-6291 or complete a Free Case Evaluation form
