The phone rings and your heart races as you hear your teenage son's trembling voice: "Mom, I've been in an accident." Questions race through your mind as you rush to the crash scene. Is he okay? What happened? Who is going to be held responsible for the damage?
At Keller & Keller, our Albuquerque car accident lawyers understand the unique challenges families face when teen drivers are involved in collisions. We provide compassionate guidance and aggressive legal representation to protect your child's rights and your financial interests.
New Mexico's graduated license program aims to reduce teen crash risks, but young drivers remain overrepresented in serious collisions. Complex questions about liability, insurance coverage, and parental responsibility arise when accidents happen. Here’s what every NM parent needs to know.
New Mexico's Graduated License Program
New Mexico has a three-stage graduated driver's license (GDL) program designed to give new drivers more experience before granting full driving privileges:
- Instruction permit (learner's permit). Available at age 15 after completing a driver's education course. Drivers must always be supervised by a licensed driver age 21 or older.
- Provisional license. Drivers aged 15 and a half years may get a provisional license after holding a learner's permit for at least 6 months. They must complete 50 hours of supervised driving practice. Nighttime and passenger restrictions apply.
- Full license. Drivers are eligible for an unrestricted license at age 16 and a half years if they have had no traffic convictions or drug/alcohol offenses in the past 12 months.
While the GDL program has reduced teen crash rates, young drivers are still more likely than adults to cause accidents due to inexperience, risk-taking behaviors, and distractions. Parents often face liability for their teen's actions when serious crashes occur.
Determining Liability in Albuquerque Teen Driver Crashes
In New Mexico, the person who caused the crash is generally liable for resulting injuries and property damage. However, when a minor causes an accident, there may be several potentially liable parties:
- The teen driver. Teens are responsible for exercising reasonable care behind the wheel. Negligent behaviors like speeding, texting while driving, or violating GDL restrictions can make them liable.
- The teen's parents. Under New Mexico's Family Purpose Doctrine, parents may be vicariously liable for their child's actions if the teen driver used a family vehicle for a family purpose. Parents might also be liable for negligent entrustment if they allow an unfit teen to drive.
- The vehicle owner. If someone other than the teen's parents owned the vehicle, that person could face liability under a negligent entrustment theory.
- Other drivers. In some cases, another driver may share blame for causing the crash. New Mexico follows a pure comparative negligence rule, meaning fault is apportioned between all responsible parties.
An experienced Albuquerque car accident attorney can thoroughly investigate your teen's crash to identify all potentially liable parties and sources of insurance coverage. This is especially important when serious injuries occur, as parents' auto insurance may not fully cover catastrophic losses.
Seeking Compensation When Teen Drivers Are Injured
Teens have the same rights as any other car accident victim to seek compensation for injuries caused by another driver's negligence. However, insurance companies often try to shift undue blame onto young drivers to minimize payouts.
If your child was seriously injured in an Albuquerque car accident, it's crucial to have an experienced car accident lawyer advocating for their interests. Your attorney can help:
- Investigate the accident to determine fault
- Identify all potential sources of compensation
- Document your child's injuries and losses
- Negotiate with insurance companies on your behalf
- Take the case to trial if a fair settlement can't be reached
Steps to Protect Teen Drivers
As a parent, you play a critical role in promoting your teen's safety behind the wheel. Consider these proactive steps:
- Set a good example. Always model safe driving behaviors, including wearing a seat belt, obeying traffic laws, and avoiding distractions.
- Enforce GDL restrictions. Ensure your teen abides by all learner's permit and provisional license requirements. Consider setting additional household rules about passengers, nighttime driving, and cellphone use.
- Practice together. Spend ample time supervising your teen's driving in various conditions, providing calm and constructive feedback.
- Choose a safe vehicle. Ensure your teen drives a vehicle with advanced safety features like electronic stability control, crash avoidance systems, and side impact airbags.
- Discuss emergency protocol. Teach your teen driver what to do after an accident, including calling 911, exchanging insurance information, and contacting you.
At Keller & Keller, we know how a serious teen driver accident can impact the entire family. Our Albuquerque car accident lawyers are here to provide the caring support and representation you need during this challenging time.
