Teen drivers are at greater risk of both collision and traffic fatalities than more experienced drivers. In one recent year, drivers between the ages of 15 and 20 made up about 5% of all drivers. Still, those young drivers were involved in 12.6% of all police-reported traffic crashes and more than 8% of traffic deaths. In total, there are more than 1.2 million police-reported crashes involving drivers in this age group each year.
That’s especially significant when you consider that the average miles traveled by drivers in the 16-19 age group is lower than for any other group except those 65+. The average annual mileage for a teen driver is less than half the average for those aged 20-44. In other words, young drivers spend far less time behind the wheel, but still crash more.
If you’ve been involved in a collision with a driver who was under 18, you may be wondering whether you can collect compensation and from whom. Here’s how liability for teen driving accidents works in South Carolina.
Teen Driver’s Licensing in South Carolina
When someone under the age of 18 applies for a driver’s license or beginner’s permit in South Carolina, that application must be accompanied by a Consent for Minor form. The Consent for Minor form is signed by a parent or guardian, or in some cases another responsible adult. The adult signing the form agrees to accept financial responsibility for any accident caused by the teen, unless the damages are covered by liability insurance.
What if Mom and Dad Didn’t Sign the Consent for Minor Form?
A teenager can’t get a permit or driver’s license without a responsible adult signing that form. That means that there is someone, even if it’s not mom or dad, who has accepted liability for injuries and property damage the tee causes. However, that person may not be the only responsible party.
Other Sources of Compensation for Teen Driving Crashes
Auto Insurance for Teens
Teens, like adults, are required to be covered by automobile insurance if they are regularly driving a vehicle. Some teens who have their own vehicles also have their own automobile insurance coverage. However, most teens are driving a familycar–at least early on. And car insurance policies for teenagers are very expensive. So, most families with a teen driver add the teen to their own liability insurance coverage.
Liability of Other Parties
In South Carolina, a parent may be liable for damages caused by a teen driver (even if they didn’t sign the consent form) if the accident occurred while the teen was engaged in a “family purpose,” such as making a trip to the grocery store for a parent or picking up a younger sibling from swimming lessons.
A parent or other adult may also be liable if they negligently entrusted the vehicle to the teen. For example, a parent who allows a teen who only has a permit that allows them to drive with an experienced driver to drive a vehicle unaccompanied may be responsible for any resulting damages. Similarly, a parent or other adult who allows a teen to drive their car when they have reason to know it is unsafe may be responsible, as could a parent who allowed a teen to drive their car knowing that there were maintenance issues with the vehicle that could impact safety.
Finally, there may be additional responsible parties just as there might in an accident involving an adult driver. Some common possibilities include;
- The other driver who was involved in the accident
- Another driver who forced evasive action that contributed to the crash, even if that driver didn’t make contact
- The manufacturer or seller of the vehicle, if a defective part caused or contributed to the accident
Get the Compensation You Deserve after a Charleston Car Accident
The bottom line is that South Carolina law provides protection for drivers, pedestrians, bicyclists, and others involved in traffic crashes with teenage drivers. However, it may be more complicated to determine which parties to pursue and whether multiple parties may bear responsibility for the damages.
The best way to learn about your options after being injured by a teen driver is to speak with an experienced Charleston car accident lawyer as soon as possible. You can schedule a free consultation with injury attorney Frank Hartman right now. Just call (843) 300-7600 or fill out our contact form to get started.