Parent Responsibility for a Teen Driver in Colorado
It’s every parent of a teen driver’s worst nightmare: that phone call, “Mom? Dad? I’ve just gotten into a car wreck!”
The fear and worry are immense, and there’s probably that thought at the back of your mind, “Am I going to get sued?” Parental responsibility for a teen minor driver (drivers under 18) is a complex legal matter. The aftermath of a car accident is full of worry and pain – definitely not something you and your family want to face alone.
An experienced Colorado car accident lawyer can help protect you and your teen from being unfairly blamed for the accident and fight for full and fair compensation for all your losses. Talk to the team at Earl & Earl, PLLC, today. We offer a free consultation, so call us now!
Colorado Teen Driving Laws
Colorado’s Graduated Drivers Licensing (GDL) Laws are intended to keep teen drivers safer on the roads. These laws include:
- No passengers under 21 for the first 6 months of licensed driving unless there is a parent or licensed adult driver in the vehicle, too
- Only one passenger under 21 for the following six months of licensed driving
- No more than one passenger in the front passenger seat
- Mandatory seat belt use
- No use of a cell phone while driving
- Curfew: no driving from midnight to 5 am for the first year of licensed driving
- Zero tolerance for drinking or drug use and driving
Although the teen driver who violates these laws faces penalties for their own actions, and will be held accountable, if they violate driving laws and cause a wreck, the parents could also be held responsible for their child’s negligence.
Parental Responsibility for Teen Drivers in Colorado
Colorado is a “fault state” for liability in car accident claims, which means that the at-fault party is liable for the damages they cause the victim (referred to as the plaintiff in court proceedings). However, if the plaintiff is found to have contributed more than 50% of the fault to the crash, per Colorado comparative negligence statutes, then they cannot recover damages.
Parents of drivers under 18 are legally liable for damages their child causes, up to $3,500 per injured person. In the case of a car crash, the family’s auto insurance policy would cover damages if the teen driver were found liable for the wreck. However, the plaintiff may sue the parents separately for the crash, claiming they were vicariously liable.
Role of Parents in Driver Education
Parents are responsible for educating their teen drivers about Colorado traffic laws and safe driving practices. This includes ensuring the teen gets a form of classroom driving instruction before getting their learner’s permit. Once the teen has a driving permit, they must log at least 50 hours of supervised driving before being eligible to take the driver’s license exam.
The Colorado Department of Motor Vehicles oversees driver licensing in the state and lists the requirements for teen permits, teen licenses, and the GDL program. It also has resources available for parents and teens for driver education classes approved by the Colorado Department of Transportation.
Negligent Entrustment and Vicarious Liability in Colorado Teen Driving Accidents
Determining liability in a car crash when one driver is a minor is more complex than other car wreck injury claims. First, negligent entrustment may play a role in the case. Suppose a parent knows that their child has engaged in risky behavior behind the wheel in the past or has reason to believe that the child may drive recklessly yet still permits the child to drive. In that case, the parent is considered liable for harming their minor child causes.
Another Colorado law that pertains to teen driving lawsuits is the family car doctrine. This legal concept is based on the premise of vicarious liability. If a teen driver is driving for a “family purpose” (going to the grocery store, taking a younger sibling to school, etc.), then the parents of the teen driver are vicariously liable for damage the teen does if they get into a wreck while using the car for family purposes.
These two points of law can make a straightforward case much more complex. A skilled car accident lawyer from Earl & Earl, PLLC, can protect your rights and assert your claim against the other party.
How Can a Colorado Car Accident Lawyer Help After a Teen Driving Accident?
The legal aftermath of a teen driving accident centers around protecting the parents from being personally used by the other driver and proving that the teen didn’t cause the wreck and, therefore, has the right to demand compensation for damages caused by the other driver.
Your lawyer represents you in conversations with the other party and can help prevent your words (or your teen’s words) from being twisted into an admission of fault. If the other driver knows they caused the wreck, there’s a good chance they may intimidate your teen into admitting liability – or even misstate facts, hoping the insurance company will assume that the teen driver was reckless. Refer all communication to your attorney.
Your lawyer will investigate the incident, gathering evidence proving your teen wasn’t at fault, using expert accident reconstruction witnesses, witness testimony, and photo or video documentation of the wreck. They then build a case against the other driver, seeking to establish that they contributed at least 51% of the fault for the wreck.
Many car accident claims are settled out of court in negotiations between the two parties. A lawyer can represent you in these negotiations, demanding full and fair compensation for your losses.
Has Your Teen Been Involved in a Car Wreck?
Our Colorado car accident attorneys are ready to help guide you through the tricky business of legal claims after a teen driving accident in Colorado. We can protect your rights and gather evidence against the at-fault party to help pursue your claim for damages. We’re committed to getting full and fair compensation on behalf of our clients. Call us today for a free consultation.