When a loved one dies from a teen car accident, family members may file a personal injury claim to receive monetary compensation for the damages of the crash, such as funeral and burial expenses. In most cases, the parents or guardians of the teen driver may be held liable for the accident, resulting in a wrongful death.
If you lose someone in a teen car accident in Long Beach, this article will help you understand your legal rights and determine who can be sued in such cases.
Is Teen Driving Dangerous?
While learning to drive is an exciting part of an adolescent’s journey, sometimes teen driving can become dangerous to the driver and other road users. In 2021, 3,058 teenagers between the ages of 13 and 19 died in car crashes.
Moreover, in the United States, teenagers have one of the lowest driving rates among all age groups, but they experience a significantly higher number of accidents and fatalities. For 16- to 19-year-olds, the fatal crashes per mile driven rate is nearly three times greater than for drivers aged 20 and above. The highest risk is observed among individuals aged 16-17.
Here are some factors that contribute to the increased risk of teen driving:
- Inexperience: Teenagers have less knowledge and experience about driving compared to adults. Obtaining a driver’s license indicates that you have completed the required practice hours and passed an on-road test. However, teens are still figuring out how to deal with different traffic scenarios, road conditions, and unforeseen incidents during this stage.
- Distracted Driving: One of the primary reasons for vehicle collisions among teenagers is distracted driving. Teenagers are more prone to distractions while traveling, particularly from smartphones and passengers. Texting, talking on the phone, eating, or conversing with passengers in the car distracts them from the road.
- Drunk Driving: Did you know that young adults who are drunk and have a blood-alcohol level of.08% are seventeen times more likely to die in a motor collision? When driving while intoxicated, you may encounter symptoms such as impaired decision-making and vision distortion, making it riskier to drive.
- Lack of Supervision: When teenagers get their driver’s licenses, they frequently drive with little or no adult supervision. As a result, there may be a lack of accountability for safe driving behaviors.
- Overconfidence: Some teenagers may overestimate their driving abilities while underestimating the risks related to specific behaviors, resulting in risky decisions on the road. An example of this is driving too fast while expecting to pass another vehicle successfully.
It is critical to prioritize education, awareness, and safety measures to reduce the risks of teen car accidents in Long Beach. This can include comprehensive driver education programs, family involvement, traffic law enforcement, and the Graduated Driving License program that gradually demonstrates adolescent driving privileges.
Are Teens Allowed to Drive in Long Beach?
Teenagers in a specific age group can drive in Long Beach. However, they must follow the state’s restrictions and laws on teen driving. Teens in California can receive a temporary driver’s license at 16.
If a teen is at least 15 and a half years old but under 18, they must apply for an instruction permit before they can drive. They can do this by following the steps below:
- Fill out an application for a Driver’s License or Identification (DL/ID) Card.
- Complete your application with your parent’s or guardian’s signatures.
- Provide the necessary documents establishing your identification and California residency.
- Submit the form from your driver education or training classes.
- Go to a DMV office. You can schedule an appointment to complete the application procedure in person. During your visit to the office, you will:
- Pay the application cost, which is non-refundable.
- Please provide a fingerprint scan.
- Take a vision test.
- Have your picture taken.
- Take the knowledge test.
Are there California Laws about Teen Car Driving?
There are specific California laws to follow about teen driving, especially for those who have recently obtained their instructional driving permit.
Recently Obtained Permit
The most crucial thing to remember is that those with permits cannot operate vehicles alone under any circumstances. You can only practice driving with a licensed driver if you are accompanied by someone 25 or older.
New License Holders
There are two limitations you must abide by for the first year you hold your license:
- Driving is not permitted after 11 p.m. to 5 p.m.
- Having passengers under the age of 20 is not allowed.
These regulations are strictly enforced unless under the following circumstances:
- If you are accompanied by a California licensed driver of at least 25, you can drive after curfew or with teenage passengers.
- You may continue driving after midnight if you have signed documentation of the following:
- You must travel due to school-related activities.
- It’s necessary for you to drive between 11 p.m. and 5 a.m. because of your employment requirements.
- You have to travel for medical purposes and have no other transportation options.
Note that once you reach the age of 18, these restrictions will no longer be in effect, regardless of your length of time as a licensed driver.
Graduated Driver Licensing (GDL) Program
Moreover, as part of the state’s Graduated Driver Licensing (GDL) program, California has particular laws and restrictions about teen car driving. The GDL program is intended to assist new drivers, particularly teenagers, in gradually and securely gaining experience.
The GDL Program includes the following stages:
- The learner stage mainly deals with supervised driving and driving test reviews.
- The intermediate step involves unsupervised driving in a variety of high-risk settings.
- The full privilege stage allows the driver to earn a standard driving license.
Both young drivers and their parents or guardians must be informed of and observe these laws and regulations to maintain safe and legal driving conduct.
Who is Liable for a Teen Car Accident in Long Beach?
Generally, the driver who caused the auto crash will be held responsible for the damages, regardless of whether they are a new driver. Negligence in car accidents can be established through these four elements:
- The driver was responsible for ensuring the safety of all road users.
- The driver failed to fulfill this duty.
- The breach resulted in a car accident.
- The crash caused injuries and other damage.
If you can prove these conditions, you may be entitled to compensation. However, there are cases where the parents of the young driver can be held accountable for the collision.
Negligent Entrustment
When a parent or guardian negligently entrusts a vehicle to a teen or new driver known as incompetent, dangerous, or unsuitable to drive a car properly, they are held legally responsible. This is because the person who provided the vehicle knew or should have known that the teen posed a danger to others on the road due to their lack of skill, experience, or a history of reckless behavior.
For instance, a Jacoby & Meyers news report mentioned a mother who entrusted her 15-year-old son with the vehicle, thinking the teen and three of his friends would just briefly run to the market. Unfortunately, the teen lost control of the car, injuring his passengers and killing one.
In this scenario, the parent was charged with child cruelty, a felony, and permitting an unlicensed individual to drive.
Vicarious Liability for a Child’s Actions
Vicarious liability for a child’s actions in a teen car accident refers to the legal concept that holds parents or legal guardians responsible for their minor children’s actions when those actions harm others.
In a car accident, if a teen driver under 18 years old causes an accident resulting in injuries or other damages, the parents or guardians may be held liable for the accident and their child’s negligence.
Driving Application Liability
According to California Vehicle Code 17708, when a minor, specifically someone under the age of 18, is involved in a car accident while driving a vehicle, the civil liability arising from the accident can extend to the person who signed and verified the minor’s application for a driver’s license.
Likewise, the person who signed the application, usually a parent or legal guardian, is jointly and severally liable with the minor for any damages resulting from the teen’s negligence while driving a car.
Parents or other legal guardians must be aware of their potential liability when signing a minor’s driver’s license application. If you are involved in a car accident in Long Beach with a teen driver, you should seek legal advice to learn about your rights and options for pursuing damages and injury compensation.
Lawyer’s Tip: A personal injury and wrongful death claim arise from a driver’s negligence. However, a personal injury case is filed by the injured victim, whereas the surviving deceased family members can pursue a wrongful death claim. The latter can seek compensation for other non-monetary damages, such as financial support and loss of companionship.
What Happens if a Car Accident Results in Wrongful Death?
The loss of life is an irreversible tragedy, and the pain and emotional suffering the deceased’s family and friends feel can never be totally healed.
However, a wrongful death lawsuit is a legal process that aims to bring justice and financial help to the remaining family members who have been left behind. While it cannot get the person back, it can help with the financial obligations that typically accompany such a loss.
Specific individuals have the legal right to initiate a wrongful death lawsuit in California. Under California’s Code of Civil Procedure (CCP) §377.60, the following individuals are eligible to pursue a wrongful death claim:
- the surviving spouse of the deceased
- the domestic partner of the deceased
- the children of the deceased
Consultation with an experienced wrongful death attorney is critical for understanding the legal requirements of filing a claim and securing adequate compensation for the losses incurred by surviving family members.
What Damages Can I Claim for a Wrongful Death Due to a Teen Car Accident?
In a wrongful death claim, you can pursue compensation for other types of damages attributed to the death of the victim, such as:
- medical expenses incurred by the victim before death
- lost earnings and benefits from the deceased
- funeral and burial expenses
- Costs associated with vehicle replacement or repair.
You may also be able to recover non-economic damages, which are non-monetary losses caused by the collision, such as:
- loss of companionship and love
- loss of guidance from parents
- psychological trauma
- emotional anguish
Additionally, if the court views the driver’s actions as malicious or extreme, they or the guardian may be forced to pay punitive damages. These are additional costs decided by the court.
While the emotional losses associated with wrongful death are immeasurable, wrongful death car accident lawyers can quantify the financial and economic losses attributed to losing a loved one.
Calculating these damages requires careful consideration of the circumstances, evidence, and applicable laws. A Long Beach car accident lawyer can work closely with you to build a strong case and ensure that the full extent of damages is accounted for in the claim.
How Can a Wrongful Death Car Accident Lawyer Help Me?
While there is no way to fully compensate for the loss of a beloved family member in a tragic accident, obtaining financial recovery through a wrongful death claim can offer crucial financial support to help the family cope with the loss.
Losing a loved one in a teen car accident in Long Beach may be catastrophic and overwhelming. In most cases, surviving family members need time to grieve their loss. This is why a wrongful death car accident lawyer can help you seek the justice you deserve by pursuing a wrongful death claim.
A Long Beach car accident lawyer can do the following to win your case:
- Gather the necessary evidence to support your claim,
- Justify liability,
- Meet legal requirements and deadlines,
- Communicate with the insurance company,
- Defend your case, and
- Proceed to trial if necessary.
Jacoby & Meyers is here to assist you during this difficult and trying period. We are ready to manage the legal matters of your case so that you can prioritize your family’s needs and emotional well-being.
At Jacoby & Meyers, we have been committed to advocating for the legal rights of accident victims and striving for substantial settlements since 1976. Our track record speaks for itself:
- We secured a $19.0 million settlement in a case involving a rideshare passenger who was injured in a quadriplegic accident.
- We obtained a $17.5 million settlement in a case involving a bicycle collision with a truck that resulted in paraplegic injuries.
- We successfully negotiated a $13.0 million settlement in a wrongful death case against a city.
- We secured an $11.9 million settlement in a wrongful death case from a truck accident.
Our history of big settlements shows our dedication to fighting for the best possible outcomes for our clients affected by accidents and personal injuries.
Call us now at 800-500-0000 to learn more about your options in a free consultation with a team member. We work on a contingency-fee basis with no advance payments required to start.
Jacoby and Meyers. Because You Deserve Justice.
Hear from Our Past Clients
We are confident in our abilities to deliver a strong defense for our clients. We are aware, however, that numerous law firms make similar claims. So, we’d prefer you to hear from our former clients about their great experiences with our services.
“The law firm was very helpful. They did their best to get me the best outcome. Very satisfied with their help. I already recommended it to my family.”
-Jenny
Works Cited
“.” . – YouTube, 2 October 2022, https://www.ghsa.org/state-laws/issues/Teen%20and%20Novice%20Drivers?state=California. Accessed 19 September 2023.
“.” . – YouTube, 2 October 2022, https://casetext.com/statute/california-codes/california-vehicle-code/division-9-civil-liability/chapter-2-civil-liability-of-persons-signing-license-applications-of-minors/section-17708-civil-liability-of-minor-imposed-upon-parents-person-or-guardian-who-. Accessed 19 September 2023.
“CCP §377.60 (a).” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60.&lawCode=CCP. Accessed 19 September 2023.
“Fatality Facts 2021, Teenagers.” IIHS, https://www.iihs.org/topics/fatality-statistics/detail/teenagers. Accessed 19 September 2023.
guide, step. “Teen Drivers.” California DMV, https://www.dmv.ca.gov/portal/driver-education-and-safety/special-interest-driver-guides/teen-drivers/. Accessed 19 September 2023.
“Six Teenage Drunk Driving Facts.” Drive-Safely.net, https://www.drive-safely.net/teenage-drunk-driving/. Accessed 19 September 2023.
Stevens, Alison Pearce. “Here’s what puts teen drivers at greatest risk of a crash.” Science News Explores, 11 October 2018, https://www.snexplores.org/article/heres-what-puts-teen-drivers-greatest-risk-crash. Accessed 19 September 2023.
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