Motor Vehicle Collision Lawyers Assisting Victims in New York City
Many teen car accidents in New York City involve teenage drivers who speed, drive unsafely for conditions, fail to pay attention to the road, fail to yield the right of way to other drivers, follow too closely, or have too little experience for a situation that they face on the road. Moreover, many teenagers are seriously injured or killed because they fail to buckle their seatbelts in spite of a law that requires all occupants to be properly restrained when riding with a junior licensed driver. At Newman, Anzalone & Newman, LLP, our New York City car accident attorneys may be able to help you recover damages if you are injured in a teen car accident.
Car Accidents Caused by Teenagers
According to the Centers for Disease Control and Prevention, the teen car accident rate is higher than for any other age group. Drivers between 16 and 19 are more often at fault than older and more experienced drivers. Teens may underestimate the time that it takes to complete a maneuver or disregard the risk of a particular behavior. They are more likely to be distracted by texts or conversations and are more likely to speed. They are more likely to pass improperly or disregard dangerous road conditions. Under the New York State Graduated Driver Licensing Law, junior licensed drivers and permit holders are restricted in their unsupervised night driving.
If you suffer serious injuries due to the actions of a teen driver, you may be able to file a claim for damages with his or her insurance company. Your attorney may be able to recover damages for a teen driver's negligence or for his or her parents' vicarious liability for the teen’s negligence.
To establish a teenager's negligence, you will need to show that the teenage driver owed you a duty of care, this duty of care was breached, and you suffered harm as a result. A breach of the duty of care can include texting, speeding, tailgating, weaving, or not reacting appropriately to altered traffic conditions.
All drivers are supposed to be insured in case of a car accident. Some teen drivers are listed on their parents' policy, but others may not be. While a teen driver usually cannot satisfy a judgment, and they may or may not be insured, it may be possible to hold the teen’s parents vicariously liable for damages caused by the teen's negligence.
Under section 388 of the New York State Vehicle and Traffic Law, every car owner in New York can be held liable and responsible for injuries or death to a person resulting from the negligent use or operation of the car. In other words, if an at-fault teen was driving a car owned by the mother or father of the teen driver at the time of the accident, the mother or father can bear the financial responsibility for the teen's accident.
A parent who provides a child with a car, aware that others could be endangered by the child's use of the car, could be liable under a theory of negligent entrustment. There is a parental duty to protect third parties from the foreseeable harm that arises from a child's improvident use of a dangerous instrument to the extent that the use is subject to parental control. A parent can be held directly responsible for a failure to use reasonable care in entrusting to a child an instrument that, in view of the kind of instrument, as well as the child's disposition, age, and intelligence, constitutes an unreasonable risk of harm to others.
Damages that you may be able to recover if you can establish liability include economic and noneconomic losses, such as medical bills, rehabilitation, replacement for household services, lost wages, loss of earning capacity, loss of consortium, pain and suffering, and loss of enjoyment.
Seek Guidance from a Car Crash Attorney in New York City
If you are injured or a loved one is killed in a teen car accident in New York City, it is important to hire a knowledgeable personal injury lawyer. Newman, Anzalone & Newman, LLP provides effective legal representation after car crashes caused by careless or reckless drivers. We represent people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-682-7409 or complete our online form.
