Who Is Liable for a Lynwood DUI Accident with a Teen Driver?

Unfortunately, many teen drivers drink and drive without thinking about the consequences of doing so, such as the risk of auto crashes. If you are involved in a DUI (driving under the influence) accident caused by a teen driver, you may file a claim to receive compensation for the damages of the crash. In most cases, the parent or guardian should cover the damages if the driver is underage. 

Read on to learn about Lynwood DUI accidents caused by teen drivers and what to do if you are involved in one.

 

How Dangerous is Teen Driving?

In the United States, there are fewer teen drivers compared to other age groups. However, the number of auto crashes attributed to young drivers aged 16 to 19 is three times higher than the rate for drivers ages 20 and over in 2021. 

 

Moreover, according to MoneyGeek in 2019, among 3,606 traffic accident fatalities in California, 386 of them were teen drivers. With the significant number of auto crashes and deaths related to young drivers, there are several reasons why they account for these high statistics:

• Inexperience: Teens only have a little driving experience. They are still learning to maneuver through different types of traffic, respond to unforeseen circumstances, and make quick choices.
• Nighttime driving: Teenagers are more likely to be involved in an accident when driving at night since visibility is reduced, and there is an increased risk of encountering drunk or fatigued drivers. In 2020, 44% of teen car crash deaths occurred between 9 p.m. and 6 a.m., and 50% occurred on a Friday, Saturday, or Sunday.
• Not Wearing Seatbelts: Teenagers who don’t wear seatbelts stand a higher chance of suffering injuries in an accident. In 2020, 56% of teen drivers and passengers aged 16-19 who lost their lives in car accidents were not using seat belts at the time of the collision.
• Distracted Driving: Teen drivers are frequently distracted by cell phone use, particularly when it comes to social media or texting, which diverts their focus off the road.
• Driving under the influence of drugs or alcohol: Some teenagers engage in underage drinking or drug use, which can result in impaired driving and an increased risk of an accident. In 2020, 29% of drivers aged 15 to 20 who died in car accidents had been drinking.

To reduce the risks of teen driving, encourage safe driving habits, and strengthen parental participation through driver training programs. Avoid letting teen drivers operate vehicles when dangers are apparent.

 

What Does the Law Say About Intoxicated Teen Driving in Lynwood?

California imposes several DUI charges for individuals under the age of 21. These penalties become more severe for those with repeat offenses. Apart from this, these legal consequences and fees may vary based on several factors.

 

California’s Zero-Tolerance Policy

For adolescents, California has a zero-tolerance policy on drunk driving. This implies that authorities may suspend a teen’s driver’s license for a year if they discover that the driver has a blood alcohol content of.01% or above. 

A year-long suspension is also imposed for refusing to take the preliminary alcohol screening (PAS) or breathalyzer test or failing. In addition, you may face criminal charges or infractions and a fine of up to $250.

 

Underage DUI

In California, an “Underage DUI” is a driving under the influence (DUI) violation committed by someone under the legal drinking age, which is 21 in the United States. If you are under 21 and receive a DUI violation, the consequences resemble those of a Zero-Tolerance DUI, including: 

• Suspension of your driver’s license for one year if you fail a PAS test, decline to take a PAS, or register a BAC of 0.05% or higher.
• Depending on your age and prior traffic offenses, you may face fines of up to $300. 
• If you fall within the 18-21 age bracket, you will be required to participate in an alcohol driver education program, incurring an additional cost. 
• You will incur two points on your driving record.

 

Standard DUI

If your blood alcohol concentration (BAC) registers at 0.08% or higher, you can be prosecuted for a typical DUI, regardless of your age. Under this offense, you may face the following legal consequences:

• Risk up to six months of imprisonment, as it is classified as a misdemeanor rather than a minor infraction. 
• Potential fines of up to $1,000 and a license suspension for three to ten months. 
• Two points will also be added to your driving record. 
• Participation in a DUI program
• Installation of an Ignition Interlock Device (IID)

Remember that driving under the influence of drugs or alcohol is highly prohibited in California under California Vehicle Code Section 23152. Neglecting this may result in legal consequences, including penalties and license suspensions. 

 

How to Avoid DUI Accidents Caused by Drunk Teen Drivers

Parents and teenagers play a vital role in reducing DUI accidents attributed to teen drivers. Both should take the following preventative steps to help avoid auto crashes due to drunk teen driving:

 

For Teens

• Never use drugs or drink before getting behind the wheel. 
• If you or your companions intend to drink, you should always designate a driver. A sober friend can ensure everyone gets home safely.
• If possible, avoid traveling when drunk.
• Use other modes of transportation, such as ridesharing applications or public transit, when traveling without a sober friend. 
• Refuse to give in to peer pressure to drive after drinking. Say no and put your safety first.
• Remember that the choices you make while driving might affect you for the rest of your life. Take prudent action to safeguard your future.

 

For Parents or Guardians

• Have honest conversations with your adolescent about the dangers of driving under the influence. Invite them to express their worries and ask questions.
• Establish firm guidelines for alcohol drinking and driving. Make it a non-negotiable that they never drive drunk.
• If your teen and their friends are going out, offer to be the designated driver. Assure that they have a safe method to get home.
• Assure your adolescent that the legal and interpersonal ramifications of driving under the influence are understood. Stress the value of making responsible decisions.
• Participate in neighborhood initiatives and groups that promote safe teen driving. Encourage your adolescent to take defensive driving classes.

 

Who is Liable for a Lynwood Car Accident with Drunk Teenagers?

According to the California Office of Traffic Safety, there were 71 DUI arrests in Lynwood in 2020. Additionally, there were 16 fatal and injured victims of auto crashes attributed to alcohol use. If a drunk teen driver hits you, you may file a DUI accident claim against the driver or their legal guardian, depending on the circumstances of the situation. 

 

The Driver

Generally, the driver who caused the crash should be liable for the damage expenses. In California, you can file a case against the driver if you can prove the following elements of negligence:

• The driver was responsible for ensuring everyone’s safety.
• The driver failed to fulfill this duty.
• The breach of duty caused a car accident.
• The collision resulted in injuries or other damages.

 

Hence, if the driver is already of legal age and causes a DUI accident, they are responsible for the damages of the crash. However, you must justify that their DUI violation directly caused the accident through necessary evidence, such as:

• Police report
• Photos or videos of the accident scene and the damages
• Witness testimonies
• Other pieces of evidence

 

The Parent or Guardian

You can also hold the parent or the legal guardian of the teen driver liable for the crash if they allowed the adolescent to operate the vehicle. As such, a parent or guardian should be accountable for the accident under the following principles:

 

Negligent Entrustment

A parent or guardian may face legal consequences if they carelessly permit a young driver known to be dangerous, unsuitable, or incapable of operating a vehicle safely. This is because the person who gave the car knew, or should have known, that the adolescent was dangerous to other drivers because of their lack of experience, incompetence, or history of reckless behavior.

For instance, a mother allowed her daughter to attend a friend’s party, knowing that she had several unfortunate experiences with drunk driving. When the daughter was driving home intoxicated, she accidentally hit a pedestrian on a sidewalk. In this case, the mother can also be responsible for the crash.

 

Vicarious Liability for a Child’s Actions

In teen DUI accidents, vicarious liability refers to the legal doctrine that holds parents or guardians liable for their minor children’s acts when such activities cause harm to other people.

Parents or guardians may be held accountable for both the accident and their child’s careless behavior in the event of a car crash if the driver, a teenager under the age of 18, causes a collision that results in injuries or other types of harm.

 

Driving Privilege Application

Under California Vehicle Code 17708, when an individual under 18, specifically a minor, is engaged in a car accident while operating a vehicle, the legal responsibility stemming from the accident may also encompass the person who endorsed and authenticated the minor’s driver’s license application.

Similarly, the person who endorsed the application, typically a parent or legal guardian, shares joint and several liabilities with the minor for any damages resulting from the teenager’s negligent behavior while driving a car.

Parents or other legal guardians should be aware of their potential accountability when signing a minor’s driver’s license application. 

Suppose you find yourself in a DUI accident in Lynwood involving a teen driver. In that case, it is advisable to seek legal counsel to understand your rights and explore options for pursuing compensation for damages and injuries.

 

Lawyer’s Tip: In California, you may file a personal injury claim even if you share liability for the accident. However, you will likely receive a reduced settlement, depending on how much you contributed to the crash. 

 

When is the Guardian or Parent Exempt of Liability?

In some specific cases, parents or guardians may be relieved of responsibility in a DUI accident involving a teen driver under the following circumstances:

• Parents typically won’t be deemed legally accountable if they lack custody of their child at the time of the accident.
• The child was not residing with them during the accident.
• They had no reasonable authority over the child’s actions.

It’s important to note that once the teen driver reaches the legal age and lawfully owns the vehicle, parents will no longer be held liable. As long as the teenage driver possesses a valid driver’s license and the parents have included their child on their auto insurance policy, legal financial responsibility becomes irrelevant.

If you sustain injuries from a DUI accident due to drunken teen driving, it is crucial to consult a Lynwood car accident attorney. This will enable you to gain insight into your legal rights in such cases and secure equitable compensation for the damages incurred.

 

How Can a Lynwood Car Accident Lawyer Protect My Rights?

Being involved in a DUI accident with a teen driver may be complicated. Since the driver who hit you is underage, you must understand the legal process when filing a car accident claim against a minor. Apart from this, you will need to deal with your recovery if you incur injuries from the collision.

A car accident attorney can help you assess the facts of your accident, build your claim, and negotiate with the insurance provider to lessen the financial burden of the crash. A Lynwood car accident lawyer can also do the following to enhance the chances of a successful claim:

• Gather evidence to build a strong case.
• Establish liability on the part of the responsible party.
• Evaluate the extent of the damages.
• Communicate with the insurance company.
• Initiate legal proceedings if the situation demands it.

 

Why Should I Hire Lynwood Car Accident Lawyers from Jacoby & Meyers?

At Jacoby & Meyers, our commitment to helping accident victims secure the justice they deserve is unwavering. Along with our proven track record of achieving substantial settlements for our clients, we are dedicated to giving back to our communities by facilitating access to crucial medical care for accident victims.

Our legal team has streamlined an effective process to ensure you are well informed about your legal rights and receive the justice you are entitled to. Our devoted team of legal professionals provides exceptional service by:

• Maintaining transparent and open communication throughout the entire course of your case.
• Skillfully negotiating with insurance companies to secure fair and equitable compensation on your behalf.
• Assisting in arranging suitable medical treatments as recommended by your healthcare provider.
• Offering support for any other concerns related to your pedestrian accident to alleviate your anxieties.
• Safeguarding your legal rights by establishing liability, evaluating the extent of damages, and tenaciously advocating for your claim.

We offer a free consultation where you can receive legal guidance from Lynwood car accident attorneys. To explore your legal options, contact us at 800-500-0000.

 

Jacoby & Meyers. Because You Deserve Justice.

 

Hear From Our Past Clients

We have a firm belief in our ability to provide robust legal support to our clients, even though many other law firms make similar claims. As a result, we encourage our previous clients to share their positive experiences with our legal services.

 

“My case manager (Nathalie Figueroa) was amazing!! From the first phone call I received, she took care of all my needs in a timely manner. She was very attentive to keeping me updated with all my appointments. She definitely made this process easier after my accident.”

-Joaquin C. 

 

Works Cited

Bieber, Christy. “What Is Vicarious Liability? Definition & Examples.” Forbes, 13 October 2022, https://www.forbes.com/advisor/legal/personal-injury/vicarious-liability/. Accessed 8 November 2023.

“California Online Driver Education Course | California DUI Laws & Penalties.” First Time Driver, https://www.firsttimedriver.com/california/dui-laws-for-minors/. Accessed 8 November 2023.

“California Vehicle Code 17708.” CaseText, 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 8 November 2023.

“Driving Under the Influence – California DMV.” California DMV, https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/driving-under-the-influence-ffdl-36/. Accessed 8 November 2023.

“Fatality Facts 2021: Teenagers.” IIHS, https://www.iihs.org/topics/fatality-statistics/detail/teenagers#fn1ref1. Accessed 8 November 2023.

“OTS Crash Rankings Results.” California Office of Traffic Safety, 9 March 2019, https://www.ots.ca.gov/media-and-research/crash-rankings-results/?wpv_view_count=1327&wpv-wpcf-year=2020&wpv-wpcf-city_county=Lynwood&wpv_filter_submit=Submit. Accessed 8 November 2023.

Paulus, Nathan. “Teen Drivers By the Numbers: Population, Risks and Accidents.” Money Geek, 22 March 2023, https://www.moneygeek.com/insurance/auto/teen-driver-facts-and-statistics/. Accessed 8 November 2023.

“Teen Drivers and Passengers: Get the Facts | Transportation Safety | Injury Center.” CDC, 21 November 2022, https://www.cdc.gov/transportationsafety/teen_drivers/teendrivers_factsheet.html. Accessed 8 November 2023.

“Vehicle Code 23152.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152. Accessed 8 November 2023.

Call or text 888-522-6291 or complete a Free Case Evaluation form