For young drivers, summer often brings a greater sense of freedom, heightening eagerness to get out, explore, and socialize with friends.
According to AAA, an average of eight people is killed every day in crashes involving teen drivers during the summer months. During this time, with friends in tow and time to kill, teens may be more likely to engage in risky behaviors, such as aggressive driving, racing, driving under the influence, or failing to obey traffic laws. Pushing the limits like this often leads to more serious collisions among teenage drivers, causing injuries, fatalities, and complex legal trouble.
The period between Memorial Day and Labor Day is known as the “100 Deadliest Days,” where fatal crashes involving teen drivers spike by roughly 30% compared to the rest of the year. During this window, teens also have a fatal crash rate nearly three times higher than that of adult drivers, according to the Insurance Institute for Highway Safety.
Factors that contribute to the spike in teen-driving collisions can include:
- Speeding or reckless driving
- Texting while driving
- Distracted by passengers
- Inexperience of teen drivers
- Driving while under the influence of alcohol (drunk driving or buzzed driving)
- Driving while under the influence of drugs or impairing substances.
At Spiros Law, our skilled team of attorneys is here to support you when a serious injury strikes, but we’re also here to guide teens and parents on how to reduce the risk of these tragedies.
Can Parents Be Held Liable for Their Teen Driver’s Car Crash in Illinois?
Negligent Entrustment
Negligent entrustment is one of the primary ways a parent may be held responsible. This occurs when a parent allows a teen to drive despite knowing, or having reason to know, that they are likely operating the vehicle unsafely.
For example, if a teen has a history of reckless driving, prior collisions, or traffic violations, a parent who continues to provide access to a vehicle may be found partially liable if another incident occurs.
Liability Through Vehicle Ownership
If a parent owns the vehicle involved in the collision, they may be named in a claim depending on the details and applicable insurance coverage. Teens are often added as drivers on their parents’ or legal guardians’ insurance policy, which covers damages resulting from the teen’s collision, further tying the parents to the claim.
Driver’s License Application
In Illinois, an adult who signs a minor’s driver’s license application can be held responsible for the minor’s negligent driving. Parents may also be liable under a negligent entrustment theory if they allowed an unfit driver to use a vehicle.
When a teenager aged 16 to 17 applies for a driver’s license, a parent or legal guardian must sign a consent form. By signing this, the parent agrees to be held jointly liable alongside the minor for damages. Parents or guardians have the right to withdraw this consent at any time before the teen turns 18.
Legal Consequences
When a teen driver causes a serious collision, the consequences can extend far beyond traffic citations and vehicle damage, and the victim’s legal team may look to the parents or legal guardians to pay.
These crashes may cause catastrophic injuries like traumatic brain injuries or amputations. Depending on the circumstances, those seriously injured in the wreck may pursue compensation for:
- Medical expenses
- Lost wages
- Future medical treatment
- Pain and suffering
- Permanent disability
- Wrongful death damages, if a fatality occurred
How to Keep Your Teen Safer Behind the Wheel this Summer
Our most important piece of advice? Talk to your teens. Explain the seriousness of the 100 Deadliest Days, and make sure your teenager understands the rules of teen driving, including the number of passengers allowed, curfew, zero-tolerance for drunk driving, texting while driving, etc.
Secondly, always model good driving behavior when you’re behind the wheel. Observing your driving habits and talking through your driving decisions when in the car together can be their best learning opportunity.
Safe driving tips to discuss before you hand the keys to your teen:
- No speeding
- Never drive under the influence of drugs or alcohol
- Understand and obey all road signs and traffic signals
- Be strict on the number of passengers allowed in the car. In Illinois, it is illegal to carry more passengers than your car has seat belts.
- Always wear your seatbelt. Seatbelt use can reduce the risk of death by 45% and reduce the risk of serious injury by 50%, according to the CDC.
- Avoid getting behind the wheel if you are tired. Every year, around 100,000 incidents of drowsy driving are reported, resulting in over 50,000 injuries.
- No texting and driving. Focus on the road and minimize distractions.
Why You Should Hire an Illinois Car Crash Attorney Near You
Being responsible for a teen-driving collision in Illinois depends on more than just who was behind the wheel. It involves examining parental decisions, driver behavior, the circumstances of the crash, and the available evidence, and having an experienced car crash attorney review every detail.
Contact Spiros Law today for a free consultation with an Illinois personal injury attorney serving clients throughout Champaign, Danville, Kankakee, and Mattoon.
Disclosure & Disclaimer: This blog is for informational and educational purposes only and does not constitute legal advice. Information regarding teen driver safety, crash statistics, and Illinois liability laws is provided for general awareness and may not reflect the most current legal standards or apply to every individual situation.
Legal outcomes and liability determinations vary based on specific facts, insurance coverage, and applicable Illinois law. References to studies, statistics, and third-party organizations are for informational context only and are not independently verified or guaranteed to remain current.
For advice regarding a specific motor vehicle accident or legal matter, consult a qualified Illinois personal injury attorney.
