If your teenager has been involved in a car accident, one of your first worries may be whether you, as the parent, are legally and financially responsible. Parents often assume that liability only falls on the driver, but that’s not always the case when the driver is a minor.
In Massachusetts, parents are not automatically held responsible for every accident their teen causes. However, liability may arise through common law negligence, such as entrusting a vehicle to an inexperienced or reckless teen, or failing to supervise them properly. Parents can also face liability because auto insurance follows the vehicle, meaning the policyholder may be responsible for covering damages.
Understanding these rules can help you prepare, protect yourself, and reduce the risk of unexpected financial exposure after a teen driving accident.
What Is Parental Liability?
In most cases, the person who causes an accident is financially responsible for the damages. But when the at-fault driver is a minor, parents may also face liability in certain circumstances.
Parents can be held responsible under the doctrine of parental liability, which applies to some wrongful acts committed by their children. They may also be liable under common law negligent entrustment, which occurs when a parent allows an unlicensed, inexperienced, or reckless teen to drive. Negligent supervision may apply if a parent fails to reasonably oversee their child’s driving.
Liability also extends to vehicle ownership and insurance. In Massachusetts, auto insurance generally follows the car, not the driver, so if the vehicle is in a parent’s name, their policy may cover damages caused in a crash.
Under Massachusetts law, parents are responsible for up to $5,000 if their child under 18 commits a willful or malicious act. However, this law doesn’t apply to ordinary negligence, such as distracted driving.
Why Parents Are Often Held Liable
One of the primary reasons that parents are often held liable for teen car crashes is that they’re largely responsible for their teen’s driving privileges. They are often the ones who decide if, where, and when their teen can drive.
In addition, parents are usually the ones who insure a vehicle, meaning they’re directly tied to financial responsibility for that particular vehicle. For instance, if your teen gets into a crash due to reckless driving, you could be held liable, and your insurance could be held financially responsible for medical costs, litigation, or property damage. If you don’t have insurance, that may lead to even greater issues, including the risk of direct fines.
When Does Parental Liability Apply in Teen Driving Accidents in Massachusetts?
Parental liability may apply in teen driving accidents in certain circumstances, such as if:
- The teen was driving without appropriate supervision while either unlicensed or inexperienced. This may be seen as neglectful on the part of the parent.
- The teen did not have appropriate training or education. Parents may be questioned about why their children were driving without adequate preparation.
- The car and insurance are in the parents’ names. If a vehicle is registered to a parent or a teen is on the parent’s insurance, then the parents could be held liable.
- There is no insurance coverage for the vehicle. If a parent fails to insure their vehicles and are allowing their children to drive, they would be held liable and likely face fines.
Statutory Liability Laws in Massachusetts
Every state has its own liability laws governing parental liability. Massachusetts has several that apply specifically to driving and the supervision required. These laws cover different circumstances in which parents could end up liable for damages or injuries, whether due to their own negligence or simply owning the vehicle their child was driving at the time of a crash.
- Massachusetts General Laws Chapter 231, Section 85G: Establishes that parents may be financially responsible for up to $5,000 if their child under 18 commits a willful or malicious act, such as deliberately causing a crash.
- Massachusetts General Laws Chapter 231, Section 85B: Creates a presumption that the registered owner of a vehicle is responsible for damages caused by someone driving it with their consent.
- Massachusetts General Laws Chapter 90, Section 8: Governs driver licensing in Massachusetts, including parental consent and special restrictions for drivers younger than 18.
- Massachusetts General Laws Chapter 90, Section 7AA: Details safety requirements for child passengers, including car seats and booster seats, which can be factors in negligence claims.
Can Parents Avoid Assuming Liability After an Accident?
Yes, it’s possible for parents to reduce or avoid liability by taking steps to protect themselves in advance. In many cases, liability comes from common law negligent entrustment of the vehicle and not providing the proper training to or supervision of your child. If you provide appropriate driver’s education and supervise your child as they learn to drive, then you’ll be in a better position to prevent liability in the case of a crash.
Additionally, carrying the right insurance will ensure you have coverage if a crash does happen. Taking care of insurance is one of the best things you can do to ensure proper financial support if a claim is pursued against you or your teen.
Preventive Measures Parents Can Take
Parents can take steps to help their teens be better drivers and reduce liability if a crash happens. Some things you can do include:
- Educating teens on road safety and driving rules: Don’t just rely on driver’s education courses. Be sure you talk to your child about the risks on the road and what they can do to be safe.
- Supervising driving behavior and ensuring adequate training: Teach your teen and ensure they get experience in a number of driving conditions. Go out in the rain, snow, and sun. Go out at night and in the mornings. Doing these things will ensure they have well-rounded training.
- Establishing clear rules: Tell your teen what you expect from their behavior and intervene if you see they are acting recklessly.
Insurance Coverage and Liability Protection
Putting your teen on your auto insurance policy is a necessity, and it’s important to consider increasing your liability limits as well. Doing this will help make sure you have the financial coverage you need in the case of a collision.
What Happens if Your Teen Causes an Accident?
If your teen causes an accident, you may face civil, financial, or criminal consequences depending on the circumstances and facts of the case.
Possible Legal Consequences for Parents
If your teen causes a crash, then you could face legal consequences. For instance:
- You could be held financially liable for damages to the injured party, such as property damage, lost wages, or medical bills.
- You and your teen could be held civilly (financially) liable, particularly in the case that negligence has contributed to a crash.
Criminal Responsibility
In some cases, criminal charges could also result from your child getting into a car crash. For example;
- If you knowingly allow your teen to drive when they haven’t received their driver’s training or license, you could be held liable for that negligence.
- If you know that your child has repeatedly participated in reckless behavior and you didn’t take action to stop them from getting behind the wheel, that fact could also be used by prosecutors if they decide to pursue charges.
- If a hit-and-run collision took place, that could be another instance in which criminal charges could be sought.
How Can a Personal Injury Lawyer Help?
When a teen driving accident leads to injuries or concerns of liability, working together with an experienced personal injury lawyer can help. When you work with an experienced lawyer, you’ll receive support, including education about your rights and guidance during your case.
At DiBella Law , we’re here to help families in Massachusetts navigate the complex legal system. We want to ensure you understand your rights, your options, and how to defend against excessive claims. Our Boston car accident attorneys are also here to support you with communicating with insurance providers, preventing long-term financial harm, responding to lawsuits or demands for settlements, and determining what level of liability, if any, you may have.
Contact us today or call 855-342-3552 to speak with a knowledgeable attorney.