If your teenager was in a motorcycle accident, the next steps you take as a parent are crucial. You’ll need to arrange for medical care, determine who was at fault for the collision, and deal with insurance adjusters who want nothing more than to dismiss your claim.
Keep reading for helpful tips on what to do after your teen is hurt in a motorcycle collision and how to get experienced legal help to hold the responsible party accountable for their negligence.
Determining Accident Liability
Establishing who is responsible for the collision or if multiple parties were involved is a crucial first step. If another driver was speeding, failed to stop at a light, or otherwise broke the law, they are most likely legally at fault.
However, if your teen was also speeding, they could bear some share of accountability for the accident too. This is called comparative negligence and each party’s percentage of fault will determine their financial responsibility.
Can Parents Be Held Responsible for Their Teen’s Negligent Behavior?
Parents of teens may be wondering if they can also be accountable for the accident if their teen’s behavior was a contributing factor. This may certainly be the case if the other side can prove negligent entrustment. This is a legal concept that occurs when a responsible party allows another person to use a dangerous object and a third party becomes injured.
In this case, if a parent allowed their teen to ride the motorcycle or kept the keys somewhere the teen could access them, they could be legally responsible if their child causes an accident. Even if you didn’t allow your teen to drive the bike, you could still be considered at fault if the other side can prove that you failed to keep your child from gaining access to the motorcycle. You could also be held accountable if you neglected to keep the motorcycle in good operating condition and it was a preventable defect that caused the accident.
Was Your Teen At Fault?
The Children’s Hospital of Philadelphia’s Research Institute suggests that the majority of teen motor vehicle accidents are caused by three critical mistakes: failing to scan the road, distracted driving, and speeding. Your teenager may be partially or wholly at fault for their motorcycle accident if they:
- Rode the motorcycle after drinking or taking drugs
- Broke a traffic law when the collision occurred
- Were using their phone while operating the motorcycle
- Were riding without adequate training or experience
- Were tailgating or driving recklessly
You can help lower the risk your teen will be involved in an accident by providing them with adequate training on how to operate the motorcycle, how to assess and respond to hazards, and what to do in case of an emergency.
By making sure your child is well-prepared for the road and knows how to respond in different scenarios, you can help keep them safe and reduce the chances that they could be found at fault for the accident.
Similarly, if you take the time to teach your child how to obey traffic laws, how to avoid collisions, and what not to do on the road, you can also avoid culpability if an accident happens.
What to Do When the Other Driver Is Responsible
If the other driver is responsible for your teen’s motorcycle crash, several things must happen next. Start by getting a copy of the original police report written by the officer who responded to the accident.
This will have important details on it like where the collision occurred, how it likely happened, and what major damage or injuries were caused. It may take a few weeks for this to be completed after the accident but it’s important to get a copy for your records as soon as possible.
You should also gather all of your child’s medical records that are related to the accident. This shows your insurance company how severely your teen was injured and how they were physically and mentally affected by the collision.
When to Get Qualified Legal Help from an Experienced Motorcycle Accident Lawyer
Was your teen involved in a motorcycle accident? Your family may be eligible for compensation from your insurance company, the other driver, or even the motorcycle manufacturer. At Mazow | McCullough, PC, we’ll carefully investigate your child’s accident and advocate for the maximum financial restitution allowable under the law.
Contact us today by calling our Salem, MA office at (978) 744-8000 or call toll free at (855) 693-9084.