Underage driving is becoming an increasingly pressing issue across the United States, and Missouri is no exception.
With more teens hitting the road, the likelihood of accidents involving these inexperienced drivers continues to grow steadily. And this isn’t merely a theory; we have numbers to support our claim.
According to the National Highway Traffic Safety Administration (NHTSA), car crashes involving teen drivers (15-19-year-olds) led to 2,514 lives lost in the US. And these are just from 2022; imagine how much worse it could have gotten in the following years.
The NHTSA also highlighted the issue of not wearing seatbelts common among this population. About 50% of the teens who died in car accidents in 2022 had unbuckled their seatbelt.
Car accidents are stressful enough without the added complication of the at-fault driver being underage. Join us as we attempt to understand the legalities of suing an underage driver in a Missouri car accident.
Understanding Underage Drivers and Liability in Missouri
In Missouri, an underage driver is anyone under the age of 18. These young drivers typically have a learner’s permit or an intermediate license, each with specific restrictions to help keep everyone safe. TorHoerman Law notes that Missouri Laws also ban the usage of smartphones for drivers under 21 to add another layer of safety.
However, despite these precautions, accidents involving underage drivers are still a significant concern due to their inexperience and tendency to get distracted more easily.
The Zebra has included the Show-Me State on its list of Top 10 states with the most car crash fatalities for teenagers. Placed at its ninth position, Missouri is estimated to have a motor fatality rate of 27.3 per 100,000 teenagers. Among the leading causes of teen accidents include DUI, speeding, and distracted driving.
When it comes to car accidents, the basic rule is that the driver found at fault is responsible for covering the damages. But things get a bit more complicated when the driver at fault is underage. Because they’re minors, their parents or guardians can also be held responsible.
Missouri’s laws can hold parents liable for the negligent driving of their underage kids. In other words, if an underage driver causes an accident, the parents’ insurance might have to cover the damages. Plus, since young drivers are less experienced, they might face more scrutiny during the liability determination process.
Their judgment and decision-making skills are still developing, which can influence how fault is assessed. Understanding these nuances is crucial if you ever find yourself dealing with an accident involving an underage driver in Missouri.
Filing a Lawsuit Against an Underage Driver
If you’ve been in an accident with an underage driver in Missouri, you might be wondering about your options for seeking compensation. Suing an underage driver is certainly possible, but there are a few important things to consider.
St. Louis is an especially dangerous area for crashes involving teen drivers. The Bevo neighborhood crash from April 2024 serves as a perfect example. On April 25, two teens were in a sedan – one of them driving speedingly – late at night when they took a sudden right turn.
The turn – made in order to avoid collision with an SUV turning left – led them to strike a fire hydrant, which sent them airborne. Their car then crashed into a building; the incident left one of them dead while the other was taken to a hospital.
Although the sedan missed the SUV by an inch that time, they might not be that fortunate the next time. If you’re ever involved in such an accident involving underage drivers, knowing a car accident lawyer in St. Louis can come in extremely handy. They’re familiar with the legal implications involved and navigate through them smoothly.
For those of you who want to do it yourself, here’s a breakdown of how suing underage drivers works:
Firstly, anyone who has suffered damages or injuries in the accident is generally eligible to sue the at-fault driver. This includes drivers, passengers, and even pedestrians.
However, since the driver is underage, the legal responsibility often extends to their parents or guardians. Missouri’s parental responsibility laws mean that parents can be held liable for their child’s negligent driving.
The legal process of filing a lawsuit in Missouri starts with gathering all necessary evidence, such as police reports, witness statements, and medical records.
You’ll then need to file a complaint with the appropriate court, detailing your claims and the compensation you’re seeking. Serving the complaint to the underage driver and their parents is the next step, which officially notifies them of the lawsuit.
With all that being said, suing an underage driver does come with some challenges. One of the big issues is proving liability, especially since the underage driver’s inexperience might be argued as a mitigating factor.
Plus, insurance companies representing the underage driver might be more aggressive in disputing claims because a minor is involved. Another challenge is the potential financial limitations. If the underage driver’s insurance coverage isn’t enough to cover your damages, you might have to go after their parents directly, which can complicate things.
Frequently Asked Questions (FAQs)
Which US states have the lowest age bars for a driver’s license?
Many states within the US offer teenagers a full driver’s license as early as 16. Some of them include Alaska, Maine, Kansas, Idaho, Arizona, Montana, Wisconsin, New Mexico, and South and North Dakota.
Can I settle out of court with the underage driver’s insurance company?
Yes, many car accident cases are generally settled out of court, especially when the driver at fault is underage. Hiring a car accident lawyer can prove advantageous in such cases, as they negotiate a fair settlement with the insurance company.
How early can you get a learner’s permit in the US?
Different states within the country have different age bars set for the granting of a learner’s permit. In states like Michigan, Kansas, Iowa, Alaska, and North and South Dakota, you can get it as early as 14.
So, what have we learned about suing an underage driver in a Missouri car accident? While it’s possible to take legal action, there are a few hoops to jump through.
Having the knowledge of the steps that you need to follow for filing the lawsuit can simplify the task considerably. This is especially true for those who don’t want to hire a lawyer and navigate the path on their own.
