If you were hurt in a Georgia car accident involving a teenage driver, you probably have questions about how teen driver liability works and who will pay for your injuries. A car accident lawyer at Sherrod & Bernard, P.C., can investigate what happened and deal with the legal details while you focus on your recovery.
What Is Georgia’s Family Purpose Doctrine?
Georgia’s Family Purpose Doctrine is a legal rule that allows an injured party to hold a parent or head of household responsible after a teen causes an accident. It usually applies when a teen drives a parent’s vehicle intended for family use.
Under the Family Purpose Doctrine, if the teen drives the family car with permission and causes a crash, the injured parties may have a claim against the parent as well. The rule applies even if the parent was not riding in the vehicle at the time of the accident.
The doctrine can make a big difference in teen accident cases because teens rarely have enough insurance coverage or assets to cover injury claims on their own. A car accident lawyer can review household relationships, vehicle ownership, and whether the teen had permission to drive to determine if the doctrine applies.
What Is the Georgia Teenage and Adult Driver Responsibility Act (TADRA)?
The Georgia Teenage and Adult Driver Responsibility Act (TADRA) is a Georgia teen driving law that governs how teenagers earn their driving privileges and what rules they must follow once they are licensed. TADRA uses a three-step system for teen drivers aged 15 to 18. The system begins by issuing instructional permits (Class CP), then provisional licenses (Class D), and finally full licenses (Class C).
Before teens become eligible for full licenses, TADRA limits their ability to drive in high-risk scenarios, such as late at night or with other teens as passengers. (This law was updated in 2007 as “Joshua’s Law,” which requires mandatory education for 16-year-olds.)
Over the past 20 years, laws like TADRA have contributed to a 38 percent decrease in fatal crashes involving young drivers, even as fatal crashes involving older drivers increased by almost 8 percent. However, teen drivers still face higher crash risks overall. According to teen driving accident statistics from the Insurance Institute for Highway Safety, teen drivers are nearly four times as likely to crash per mile driven as older drivers.
What Happens If the Teenager Was Driving Without a License?
If a teenager causes an accident while driving without a valid license in Georgia, the insurance process can get complicated fast. The insurance provider for the teen’s family may question whether the policy covers the wreck, especially if the teen took the car without permission or if the policy excludes them. The other driver’s insurer may argue that the teen shouldn’t have been on the road at all.
Even so, injured parties can still file a claim. A teen’s lack of a license does not automatically prove that they caused the wreck, and it does not erase the responsibility of other parties that might have contributed to the collision. A car accident lawyer can sort out coverage, identify who should pay, and push back if insurers try to deny valid claims.
How Do You Prove the Teen Driver Was at Fault for the Accident?
In a teen driving car accident claim, you must show what the teen driver did wrong and how it contributed to the crash. A lawyer at Sherrod & Bernard, P.C., can help you build your case step by step.
We can start by collecting evidence like crash reports, photos, video footage, and witness statements. Next, they might review the details of the accident scene, such as skid marks, vehicle damage, and road conditions, possibly with help from an accident reconstruction professional.
If distraction might have played a role, your attorney may request the teen’s phone records. If speeding was a factor, they can look for crash data or proof of citations from police officers. Your lawyer can also deal directly with the insurance company and negotiate for a fair payout on your behalf. If necessary, they can take your case to court and argue the facts before a judge or jury.
Who Pays When a Teen Driver Causes a Car Accident in Georgia?
After a teen driver causes a crash, insurance usually pays first. In many cases, it’s the household auto policy from the teen’s parents. That coverage can pay for injuries and property damage, up to the policy limits. If the teen carries their own policy, that policy may apply instead, depending on the situation.
Parents may also be directly responsible for paying in some cases. Georgia’s Family Purpose Doctrine allows you to pursue a claim against a parent or head of household if they provided the vehicle the teen was driving. Your lawyer can review all applicable insurance policies, confirm who owned and controlled the vehicle, and identify every available source of coverage.
Is There a Time Limit for Filing a Car Accident Claim in Georgia?
Georgia law sets strict deadlines for filing car accident lawsuits, and you could lose your right to sue if you miss a relevant deadline. In most personal injury cases, Georgia gives you two years from the date of the crash to file a lawsuit. In wrongful death cases, surviving family members usually have two years from the date of death to sue.
Two years might sound like plenty of time, but it can go by more quickly than you’d think, especially given how long it can take to gather evidence and prepare for court. Additionally, some cases are subject to even shorter filing windows. An attorney can help you identify the correct deadline, gather evidence while it’s fresh, and file your lawsuit on time if the insurance company refuses to pay.
Contact a Georgia Car Accident Lawyer
A teen driving accident can leave you with serious injuries, unexpected medical bills, and frustrating questions about what comes next. The car accident attorneys at Sherrod & Bernard, P.C., can help.
Our team has more than 85 years of combined legal experience handling all types of complex injury claims, including those involving teen driving accidents. In one case, we secured a $1.68 million payout for two grandparents who suffered permanent injuries in a head-on collision with a distracted teen.
If you’re ready to talk about your case, contact us to get started with your free confidential consultation. We’ll review your case, answer your questions, and help you explore your options.