In Texas, it depends on the circumstances. A teen driver can be personally liable for a crash caused by negligent driving. In certain situations, a parent, guardian, or vehicle owner may share that liability. Who actually pays is a separate question. A teen is often covered under a parent’s auto policy, and your own uninsured/underinsured motorist (UM/UIM) coverage may help if that coverage falls short. If a teen driver injured you, identifying every responsible party and every available policy is key to recovering the compensation you’re owed.
Who Can Be Held Liable When a Teen Causes a Texas Car Accident?
Depending on the facts, the following parties may be held liable:
- The teen driver may be liable if their negligent driving caused the crash.
- A parent or guardian who signed the teen’s driver’s license application may be liable for the teen’s negligent driving.
- Whoever allowed the teen to drive, often a parent or the vehicle’s owner, can be liable for negligent entrustment if they knew or should have known the teen was unlicensed, incompetent, or reckless.
- Another driver may share liability if their negligence contributed to the crash.
The party at fault and the party that pays aren’t always the same. Compensation usually comes from an insurance policy covering the teen or the vehicle, subject to its terms and limits. That distinction matters even more when the at-fault driver is a minor, who typically has few personal assets.
Can a Teen Driver Be Liable for a Car Accident in Texas?
Yes. Being under 18 does not automatically shield a teen driver from responsibility for causing a collision. If a teenager drives negligently, for example by speeding, running a red light, texting while driving, following too closely, or failing to yield, and that conduct causes an accident, the teen’s conduct may support a negligence claim.
Determining that the teenager was negligent is only the first step. The next questions are often who owned the vehicle, who allowed the teenager to drive it, whether the teen was properly licensed, what insurance covered the vehicle or driver, whether the parent or vehicle owner knew of any history of reckless or incompetent driving, and whether another person contributed to the crash. Those questions can significantly affect the potential sources of compensation.
Are Parents Automatically Liable for a Teen Driver’s Accident in Texas?
No. Being a teen’s parent does not, by itself, make you liable for their accidents. A parent’s liability depends on the parent’s own conduct or a specific legal rule, and two issues come up most often:
- Negligent entrustment. A parent who lets a teen drive may be liable if the parent knew or should have known the teen was unlicensed, incompetent, or reckless behind the wheel.
- Signing the teen’s driver’s license application. Texas requires a parent or guardian to sign a minor’s license application. That signature can make the signer liable for the teen’s negligent or willful misconduct while driving, unless the license has been canceled at the signer’s request.
Whether either rule applies depends on the facts of the crash and the family’s situation. We explain both in more detail below.
Can a Parent Be Liable for Negligent Entrustment?
Potentially, yes. Negligent entrustment is one of the most important theories to investigate when a parent owns a vehicle and allows a teenager to drive it.
Negligent entrustment involves separate negligence by the owner of a vehicle in addition to the negligent operation by the person entrusted with the vehicle. A negligent entrustment claim requires proof that the parent or vehicle owner entrusted the vehicle to the teen, that the teen was an incompetent or reckless driver, that the owner knew or should have known about the teen’s incompetence or recklessness, that the teen was negligent when the accident occurred, and that the teen’s negligence caused the accident.
What Evidence Could Support a Negligent Entrustment Claim?
Depending on the circumstances, evidence of negligence entrustment might include the following:
- The teen’s history of serious traffic violations, prior crashes, prior reckless-driving incident
- Evidence the teen repeatedly drove dangerously
- The teen having a suspended or otherwise invalid license
- Evidence of significant inexperience combined with other facts showing an unreasonable risk
- Statements by the parent acknowledging known driving problems
- Other evidence showing the owner knew or should have known the teen posed a particular driving risk
The specific evidence required depends on the facts and applicable law.
Simply proving that the parent was aware the teen had made one earlier careless mistake is not necessarily enough to establish negligent entrustment. Texas law recognizes a distinction between an ordinary negligent act and evidence that a driver was known to be incompetent or reckless in the context of a negligent entrustment claim.
What If the Teen Was Driving Without a Valid License?
A missing license does not by itself prove the teen was incompetent or reckless for a negligent entrustment claim, and the circumstances surrounding the unlicensed minor’s use of a vehicle can be highly relevant. For example, investigators may ask whether the parent knew the teen was not legally permitted to drive, who gave the teen access to the vehicle, whether the unlicensed teen was driving alone when a supervising adult was required, whether the parent knew about the licensing problem, whether the licensing circumstances contributed to the accident, and whether there is evidence supporting another negligence theory. These details can help determine which claims and defenses apply.
What If the Parent Signed the Teen’s Driver’s License Application?
Signing a minor’s license application does not create permanent liability. Texas requires a minor’s application to be signed by a custodial parent or guardian, or by someone else in limited circumstances (Tex. Transp. Code § 521.145). Signing can make that person liable for the minor’s negligent or willful misconduct behind the wheel. Section 521.304 recognizes this liability. It allows the cosigner to request cancellation of the minor’s license, and once the license is canceled, the cosigner is released from liability based on the signature for the minor’s later negligence or willful misconduct in operating a motor vehicle.
Because this liability depends on the signature, and can end with cancellation, whether a particular parent is responsible for a teen’s crash depends on the specific facts. Also, the statute addresses one specific basis of liability and should not be read to mean a parent can never have liability under a different legal theory. A separate claim based on the parent’s own negligent conduct may require a different analysis.
What If the Parent Owned the Vehicle?
Owning the vehicle does not, by itself, make a parent liable for how the teen drove it. What matters is whether the owner was independently negligent in letting the teen drive: the negligent entrustment theory covered above. Texas law treats an owner’s liability under that theory as based on the owner’s own conduct in entrusting the vehicle, not as automatic responsibility for whatever the driver does behind the wheel. This distinction can matter substantially when determining whom to name in a personal injury claim.
What Insurance Covers a Teen Driver Accident in Texas?
Texas law requires drivers to carry liability insurance covering at least $30,000 for bodily injury to one person, $60,000 for bodily injury to two or more people in one accident, and $25,000 for property damage. These limits are commonly called 30/60/25 coverage. Liability insurance generally pays for another person’s vehicle damage and medical expenses when the insured driver causes an accident.
These are only minimums. Many drivers carry higher limits, and a teen is often covered under a parent’s auto policy, which may provide more coverage than the teen could buy alone. Some families also have an umbrella policy that adds coverage above their auto limits. Even so, the available coverage may fall short after a serious crash, particularly when several people are injured. In that case, your own uninsured/underinsured motorist (UM/UIM) coverage may help make up the difference.
Is a Teen Usually Covered Under a Parent’s Policy?
Often, yes. A teen driver is commonly added to the family’s auto insurance policy. The Texas Department of Insurance advises families to notify their insurer when a teenager begins driving, and notes that adding a teen to a parent’s policy is usually less expensive than buying a separate policy for a young driver.
Coverage cannot be assumed, though. Potential issues include whether the teen was listed on the policy, whether the teen was a household member, whether the vehicle was insured, whether the teen had permission to use the vehicle, whether the policy has a named-driver exclusion, whether the policy carries sufficient liability limits, and whether another policy also applies. The actual policy language and the facts of the accident matter.
What If the Teen Was Not Listed on the Insurance Policy?
Leaving a teen driver off the policy can put coverage at risk. The Texas Department of Insurance warns that failing to notify an insurer about a new teen driver can have consequences: depending on the circumstances and the policy, an insurer may deny a claim, void a policy, or refuse to renew it.
An injured accident victim should not assume that “the teen wasn’t listed” automatically ends the insurance inquiry. Coverage questions can turn on policy language, household status, permission, exclusions, and other facts. An attorney can review the applicable policies and determine what coverage might apply.
What If the Teen Was Driving Without Insurance?
If there is no applicable liability insurance, an injured person may need to look to other sources of recovery, including their own UM/UIM coverage, if they have it, or the personal assets of a party found legally responsible. UM/UIM coverage can help cover damages when the at-fault driver has no insurance or not enough insurance.This is one reason to review your own auto insurance policy after a serious crash even when another driver clearly appears to be at fault.
What If Another Driver Also Contributed to Causing the Accident?
Not every collision has only one responsible party. Suppose a teen driver was speeding, but another driver ran a red light and contributed to the collision. The facts may support assigning responsibility to more than one person.
Under Texas Civil Practice and Remedies Code § 33.001, a jury can assign each responsible party a percentage of fault. An injured person whose own share of fault is found to be greater than 50 percent cannot recover damages at all under this rule, sometimes called the 51 percent bar. If the injured person’s share of fault is 50 percent or less, their recovery is reduced by that percentage instead of being barred entirely.
An accident investigation should not stop simply because the teen received a citation or appears to have made a mistake. Evidence may reveal that another driver, vehicle owner, or other party also contributed to the injuries.
What Damages Can You Recover After a Texas Teen Driver Accident?
If a teen driver’s negligence caused your injuries, potentially recoverable damages may include current and future medical expenses, lost income, loss of earning capacity, property damage, physical pain and suffering, mental anguish, physical impairment, disfigurement, and other damages allowed under Texas law.
The value of an injury claim depends on the nature and severity of the injuries, the evidence establishing liability, the person’s financial losses, available insurance coverage, and other case-specific factors. For a serious injury, calculating damages based only on current medical bills may significantly underestimate the total impact of the accident.
Is There a Deadline to File a Texas Teen Driver Accident Claim?
Texas generally requires a personal injury lawsuit to be filed within two years of the date the injury occurred. Missing this deadline generally bars the injured person from recovering damages through a lawsuit, regardless of how strong the claim otherwise is.
Different rules can apply in certain situations, such as when the injured person is a minor or when a governmental entity is involved. Because missing a filing deadline can permanently affect a person’s rights, it is best to have the specific facts reviewed by a Texas attorney as soon as reasonably possible.
What Should You Do After a Crash With a Texas Teen Driver?
If you have been injured in an accident involving a teenage driver, these steps can help protect your health and your claim.
- Get medical attention. Seek appropriate care and follow your provider’s recommendations. Keep copies of medical records, bills, prescriptions, and other treatment documentation.
- Report the crash. Contact law enforcement when appropriate and obtain the crash report once it becomes available.
- Document the scene. If it is safe, photograph vehicle damage, road conditions, traffic signs and signals, visible injuries, skid marks or debris, the surrounding area, and any other evidence that may help establish what happened.
- Collect information from the teen driver and vehicle owner. If possible, get driver’s license information, insurance information, vehicle information, the vehicle owner’s name, and witness contact information.
- Preserve evidence. Save photographs, videos, medical records, repair estimates, correspondence, and other documents related to the crash. Do not delete potentially relevant text messages, photographs, videos, or other electronic evidence.
- Notify your insurance company. Report the accident to your insurer and ask about potentially applicable coverage, including UM/UIM coverage.
- Be cautious when discussing fault. Avoid statements that could be read as admitting responsibility before the facts have been fully investigated.
- Do not rush to accept a settlement. Before signing a release, make sure you understand exactly what claims and damages it resolves.
- Consider speaking with a car accident attorney. A teen-driver accident can involve more than a straightforward insurance claim. An attorney may need to investigate the teen’s driving history, the vehicle’s ownership, parental involvement, insurance policies, licensing circumstances, witness evidence, and whether other parties contributed to the crash.
How a Texas Attorney Can Investigate a Teen Driver Accident
An attorney can investigate far more than the police report alone. A full investigation typically might look at the teen driver’s driving history, license and permit status, vehicle ownership, and insurance policies. It can also include whether the teen had permission to drive, prior crashes or traffic violations, evidence of distracted driving, and cellphone evidence.
Witness statements, traffic-camera or surveillance footage, and vehicle data or accident reconstruction evidence can matter too, along with the parent’s knowledge of the teen’s driving history, medical records and future treatment needs, and other potentially responsible parties. This broader investigation can matter most when the available insurance coverage is limited or the injuries are severe.
Don’t Assume the Teen Driver Is the Only Person Who May Be Liable
A collision involving a teenage driver can look straightforward at first: the teen made a mistake, so the teen is at fault. The legal and insurance questions can be considerably more complicated.
The investigation may need to determine whether the teen was negligent, whether the vehicle owner negligently entrusted the vehicle, whether a parent or guardian has potential liability under an applicable legal theory, what insurance policies apply, and whether another driver contributed to the collision. Naming only the teen driver, without checking these other angles, can leave real compensation on the table.
How Bailey & Galyen Can Help After a Texas Teen Driver Accident
If you were seriously injured in a crash caused by a teenage driver, you may be dealing with medical bills, lost income, vehicle damage, and an insurance company while trying to recover.
Bailey & Galyen can investigate the circumstances of your collision, determine who may be legally responsible, identify applicable insurance coverage, and help you understand your options.
Call Bailey & Galyen to ask questions about your teen driver accident and learn what options may be available. The firm offers free consultations for personal injury matters, and someone is available 24/7 to help you get started. You may also contact us online to request a consultation.
Hablamos español en nuestra oficina.
Bailey & Galyen – Solving Your Legal Puzzle®
Español 
English