Can Parents Be Held Liable For Their Teen’s Car Accident in Texas?

In Texas, the general rule is that a driver is personally responsible for any accident they cause. However, when the driver is a minor under the age of 18, there are certain exceptions under both Texas Family Code and Texas common law that allow an injured party to seek compensation from the teen’s parent or legal guardian.

Keep reading to learn more from our car accident legal team.

Holding a Parent Accountable for a Teen’s Car Accident

There are two main legal theories under which a parent may be held liable for their teen’s car accident:

1. Negligent Entrustment

Texas courts recognize the doctrine of negligent entrustment, which allows a parent to be held liable if they knowingly allow their teen to drive a vehicle when it is unsafe to do so. This can apply, for example, if:

• The teen had a history of reckless driving or traffic violations
• The teen was unlicensed, intoxicated, or otherwise unfit to drive
• The parent allowed access to the vehicle despite known risks

To establish negligent entrustment, it must be shown that:​

• The parent entrusted the vehicle to the teen.
• The parent knew or should have known the teen was an incompetent or reckless driver.
• The teen’s negligence caused the accident.
• The accident resulted in damages.​

For instance, if a parent allows their teen, who has multiple traffic violations, to drive the family car and the teen causes an accident, the parent could be held liable under negligent entrustment.

2. Texas Parental Liability Law

Texas law also provides that parents may be liable for property damage caused by their child’s willful or malicious conduct if the child is between 10 and 18 years old. Under the Texas Family Code, a parent can be held responsible for up to $25,000 in damages resulting from such conduct.

owever, this statute specifically addresses property damage and does not extend to personal injuries.

Are Parents Always Liable?

Parental liability is not automatic. For example, if a teen independently owns the vehicle, has their own insurance, and the parent did not directly contribute to the crash (through negligent entrustment or other means), the parent may not be financially responsible. In addition, once a teen turns 18, they are considered a legal adult. At that point, they bear full responsibility for any car accident they cause, regardless of who owns the vehicle.

What is the Claims Process If a Parent is Liable?

After the accident, the injured party will file an injury claim against the auto insurance policy covering the vehicle or driver involved. If the teen was driving a family vehicle, the parent’s insurance policy is usually the primary source of compensation. The insurer will investigate the accident, assess liability, and determine whether the parent’s actions contributed to the crash.

If the insurance coverage is insufficient to cover all damages, the injured party may pursue a civil lawsuit directly against the parent. In these cases, the court will decide whether the parent’s conduct meets the legal standard for liability and determine the amount of compensation owed.

Contact our firm today for a free consultation and see how a lawyer can help with your accident claim.