Drivers under 20 are statistically more prone to accidents due to their lack of experience and increased susceptibility to distractions, such as cell phones and peer passengers. Navigating insurance claims after teen driving accidents in Orlando can be complex, especially if the teen is a minor or if there are multiple parties involved.
If you or a loved one has been involved in a teen driving accident, our personal injury attorneys at Colling Gilbert Wright could help. Whether the teenage driver was at fault or the victim, we have extensive experience representing teens and adults injured in a car crash. Our legal team is prepared to address the specific legal challenges and nuances associated with these collisions, such as dealing with probationary licenses and insurance issues that may arise.
How Does Liability Work in Teen Driving Accidents?
In Orlando, when a driver under 20 is at fault in a crash, their parents or guardians could be held liable for damages, especially if the teen was driving a vehicle owned or registered by their guardian. If you were involved in such an accident, you may directly sue the teenager and also name their parents or guardians in the lawsuit.
Parents who sign their child’s driver’s license application or own the vehicle the teen was driving can be held liable for the teen’s negligence. This is because the parents have a legal responsibility to supervise and educate their children about safe driving practices.
Parents can also be held liable for their teen’s actions under the dangerous instrument doctrine and the family purpose doctrine. Because a vehicle is considered a dangerous instrument and the parents own or control it, they can be held liable for damages caused by its use.
Filing a Compensation Claim After a Teen Auto Wreck
The state’s personal injury protection (PIP) system requires all drivers to carry PIP insurance, which covers medical expenses and lost wages up to the policy limits, regardless of who is at fault. PIP has limitations. It may not cover the entirety of your medical bills, as it caps at $10,000 and does not include pain and suffering.
If you are a victim of a crash involving a teenage driver in Orlando, you can file a PIP claim with your insurance company, but if damages exceed PIP limits or meet the serious injury threshold, you may pursue a personal injury claim against the at-fault driver and their parents. Likewise, if an at-fault driver injures your teenager in a collision and your teen’s injuries are deemed serious or exceed PIP coverage, you could pursue a claim against the guilty party’s insurance.
The types of compensation that you may pursue beyond PIP can include:
Past and Future Medical Expenses
This will cover your expenses, such as hospital stays, ambulance rides, diagnostic tests, surgeries, prescription medications, physical therapy, rehabilitation, chiropractic care, and mental health counseling.
Lost Wages and Earning Potential or Reduced Earning Capacity
If the injuries from the accident made you miss school or work or permanently disabled you, you may receive compensation for lost income or reduced earning capacity.
Property Damage
You can recover costs to repair or replace your damaged vehicle or other property from the at-fault driver’s insurance.
Out-of-Pocket Expenses
You might be able to recover other expenses related to the accident, such as transportation costs or the value of services you can no longer provide.
Pain and Suffering or Emotional Distress
You may receive compensation for physical and emotional distress that the injuries have caused, including ongoing discomfort, pain, anxiety, depression, PTSD, fear, or sleep loss.
Loss of Enjoyment of Life
You may receive compensation when injuries prevent you from engaging in daily pursuits, such as hobbies, exercise, and other recreational activities.
Physical Impairments and Disabilities
You may pursue this if you have suffered permanent physical limitations, disabilities, scarring, or disfigurement.
Loss of Consortium
In certain situations, you may seek compensation if your loved one’s injuries impact your relationship with them, such as loss of companionship.
Punitive Damages
In rare cases, if the at-fault driver’s actions were particularly egregious or showed a reckless disregard for the safety of others (such as driving under the influence), you may also win punitive damages in addition to compensatory damages.
Contact an Orlando Attorney Experienced With Teenage Auto Crashes
Teen driving accidents in Orlando often result in unique challenges for personal injury claims. Our attorneys could gather evidence, interview witnesses, and examine police and medical records to build a strong case. We could represent your interests in negotiations with insurance companies, handle legal filings, and, if necessary, pursue litigation to ensure you receive fair compensation for injuries, damages, and other losses.
Our firm has negotiated recent auto accident settlements, including $1.5 million against the driver and manufacturer of a vehicle that killed a pedestrian and $1.3 million for the parents of a young adult killed in an automobile accident. Injury victims and attorneys trust our legal team, with most of our cases coming from referrals from past clients or other law firms.
If you or a loved one suffered injuries in a collision with a teenage driver, contact The Florida Firm today to set up your free, no-obligation case consultation.