In Colorado, yes, the parent or guardian of a teen driver can be held responsible for damages their child’s car accident causes—if the minor child caused the collision. (If the other driver was at fault, then they are liable for your child’s medical care, replacing your car, and other damages.)
Colorado’s liability laws involve the legal concept of vicarious liability, wherein one party may be held liable for the actions of another party for whom they are responsible. A few other legal concepts come into play with car accidents caused by minor children, so it’s important to have an experienced Denver car accident lawyer represent you, whether you are the driver injured by a teen motorist or the parent of the teen driver.
Colorado’s at-fault laws for car accidents
Colorado follows a “comparative fault” rule for car accidents, meaning that any party contributing less than 50% of the fault for the collision is entitled to receive compensation for their damages. However, their award will be reduced by the percentage of fault they contributed:
Driver A contributed 25% of the fault in a collision with Driver B. Driver B, contributing 75% of the blame, is liable for Driver A’s damages, which total $20,000. However, this amount is reduced by 25% (Driver A’s share of fault), so Driver A receives $15,000.
Most minor drivers are under their parents’ insurance coverage, which covers damages in a personal injury claim. Because the parent owns the policy, the parents will be sued for their children’s car accidents, although the auto insurance policy should cover what the plaintiff’s Med Pay coverage does not.
Colorado’s negligent entrustment laws for teen driver car accidents
Parents who permit their child to drive, knowing that their child will likely engage in risky or reckless behavior behind the wheel, can be sued if they do so. In these cases, the plaintiff’s lawyer may claim parental liability due to negligence or knowingly abandoning their duty of care to prevent other drivers from being harmed by their reckless teen.
Similarly, Colorado’s Family Purpose Doctrine may also apply, and the teen’s parents may be sued if the minor is driving a family vehicle for a “family purpose.” This could be anything from taking a little brother to baseball practice to going to the store for milk; the application of this statute can be quite broad.
Another law that could apply if a teen driver is involved in a car accident is the Parental Responsibility Law. It transfers liability to the parents of the child who caused bodily injury and/ or property damage in a collision.
Filing a lawsuit against the parents of an at-fault teen driver
If a minor child causes a car accident, the other driver has the right to file a personal injury suit against that child’s parents. The plaintiff must prove that the teen’s parents were negligent in permitting their child access to the vehicle OR, under the “family car doctrine,” that the parent being sued is the head of the household and that the vehicle was used by the teen with the head of household’s permission to complete a family purpose, and in the course of using the vehicle for a family purpose, the teen caused injury to another person.
Liability laws in Colorado car accidents involving teen drivers can be more complicated than in cases where both drivers are adults. Legal advice, no matter which party you are, is essential to ensuring that your rights and interests are protected.
Is your teen driver involved in an accident? We can help
Has your teen been involved in a car accident, and you’re unsure what to do next? As a parent, it’s natural to feel overwhelmed—especially when legal and insurance issues come into play. You need experienced legal guidance to protect your child’s rights and your family’s future.
The attorneys at Zara Injury Law are here to help. Call (866) 823-8288 for a free consultation and trusted advice on how to move forward.