A Parent’s Guide to Car Accidents Involving Minors in Arizona
Teenagers are statistically more likely to be involved in crashes. If your teen driver is in a car accident you might be wondering: Who is responsible? How will we cover medical expenses? What are our legal obligations?
Understanding parental liability, the legal rights of minor drivers, and how they can seek compensation after a car accident in Arizona is essential to navigating the aftermath of such an incident.
This blog aims to provide parents with the essential information they need to navigate this challenging situation and seek appropriate legal support from a personal injury lawyer or car accident attorney.
Parental Liability and Minor Drivers in Arizona
In Arizona, parents or guardians are legally responsible for their minor’s actions. This extends to car, truck, or motorcycle accidents involving a minor driver with a learner’s permit or driver’s license.
Arizona’s Graduated Driver Licensing (GDL) program outlines the requirements for obtaining a driver’s license. A learner’s permit can be obtained at 15, with a provisional license available at 16. However, these licenses come with restrictions, like daytime driving only or requiring a licensed driver over 21 to be present.
The law behind parental liability in Arizona follows a concept known as “Negligent Entrustment”. This means a parent or guardian can be held liable for their minor’s car accident, if they knew, or should have known, that the minor couldn’t drive safely.
For example, if a 15-year-old with a learner’s permit takes their parent’s car without permission and causes an accident, the parents likely wouldn’t be held liable under “Negligent Entrustment.” However, if the parents knowingly let their 15-year-old drive unsupervised and an accident occurs, they could be held financially responsible for damages.
Insurance Coverage
Insurance coverage is another critical aspect of parental liability. Parents should ensure that their auto insurance policy includes coverage for minor drivers. In the event of an accident, the insurance policy can help cover the costs associated with damages and injuries. However, if the damages exceed the policy limits, parents may still be financially responsible.
Can a Minor Get Compensation After a Car Accident in Arizona?
When a minor is injured in a car accident, they have the right to seek compensation for their injuries and other damages.
Personal Injury Claims for Minors
In Arizona, minors can not file a lawsuit on their own. Instead, a parent or legal guardian must act on their behalf. This includes pursuing a personal injury claim to seek compensation for medical expenses, pain and suffering, and other related costs.
Statute of Limitations
Arizona law provides specific time limits for filing personal injury claims, known as the statute of limitations. For minors, the statute of limitations is generally tolled, or paused, until they reach the age of 18. This means that the time limit for filing a claim typically starts when the minor turns 18. However, it is advisable to consult with a car accident attorney as soon as possible to avoid any potential legal complications.
Types of Compensation
Minors injured in car accidents may be entitled to various types of compensation, including:
Medical Expenses: Coverage for current and future medical treatments, rehabilitation, and therapy.
Pain and Suffering: Compensation for physical pain, emotional distress, and psychological trauma.
Loss of Enjoyment of Life: Damages for the impact of the injury on the minor’s quality of life and ability to participate in activities they once enjoyed.
Comparative Negligence
Arizona follows the principle of comparative negligence, which means that the compensation awarded may be reduced based on the degree of fault attributed to the parties involved. If a minor is found partially at fault for the accident, their compensation may be adjusted accordingly. An experienced injury attorney can help establish the minor’s case and minimize any potential reduction in compensation.
Contact Karnas Law Firm
Understanding parental liability, the rights of minor drivers, and the avenues for seeking compensation is essential for parents dealing with the aftermath of a car accident involving a minor. By partnering with an experienced car accident attorney at Karnas Law Firm, you can ensure your minor’s rights are protected and pursue the compensation needed for their recovery. Contact us and schedule a free consultation to help your family secure the compensation you deserve.