Author: john

Receiving a ticket for a moving violation can be a frustrating and humbling experience, especially as a member of the military. However, dealing with the aftermath of the ticket can be even more challenging, as it requires detailed knowledge of the local legislature and familiarity with court proceedings. Fighting traffic tickets often requires one to make important decisions with short deadlines, and these added stressors only increase the burden.

If you have received a ticket or are interested in learning more about Virginia traffic law, consider contacting an experienced traffic attorney at Driving Defense Law by calling (757) 929-0335 to schedule a consultation.

What is a Moving Violation?

As could be inferred from the name, moving violations are any breach of traffic law while a vehicle is in motion. This covers a wide range of violations with a wide range of consequences, with anything from speeding to driving under the influence falling within this category.

There are also non-moving violations, which would include infractions such as improper parking or damaged vehicles. As these violations do not generally pose a high threat to public safety, they tend to be less severe. However, the classifications of moving and non-moving violations vary from state to state, so it is often helpful to confirm the individual state’s policy.

One of the more common violations, and often the most damaging, is reckless driving. Virginia distinguishes simple speeding from reckless driving, and the consequences for the latter are much more severe, up to and including a criminal record.

Traffic Violation Classifications in Virginia

The State of Virginia recognizes three escalating levels of severity in traffic violations, each one with its respective classes and specific allowances for punishment.

Felony Traffic Violations

This is the highest level of offense for moving violations in Virginia, and it carries the heftiest consequences. Some of the moving violations covered by this definition are repeated driving under the influence (DUI) offenders, involuntary manslaughter, and continuous violations of traffic laws even after professional intervention.

In Virginia, trespassers who repeatedly violate major or minor traffic laws within a certain period may be considered habitual offenders. If a habitual offender is found guilty of certain traffic violations, the case may be treated as a felony traffic violation.

Consequences for felony traffic violations may include jail time up to life and hefty fines, depending on the specific classification of the violation. However, this violation is the least common and unlikely to occur except in extreme circumstances.

Traffic Misdemeanors

If a driver violates Virginia’s criminal statutes, they may be guilty of a traffic misdemeanor. These may include first and second DUI offenses, speeding, driving on a suspended license, or reckless driving. Traffic misdemeanors are considered criminal offenses by the court, though they are not serious enough to be classified as felony offenses.

Among the most serious consequences for traffic misdemeanors is the fact that they are considered criminal offenses. While traffic infractions are not considered such, traffic misdemeanors can go on one’s record and affect many other aspects of one’s life. Having a criminal record can affect employment, insurance, and more.

Traffic Infractions

The least grave of the three traffic violations is a traffic infraction. This category may include things like minor cases of speeding, failing to obey posted signage, following another vehicle too closely, or passing a red light.

These infractions tend to attract smaller fines and do not result in jail time, as they are not considered criminal offenses. However, these infractions can still impact an individual’s insurance premiums and standing within the DMV.

Consequences of a Moving Violation in Virginia

Depending on the severity of the violation, there can be varying levels of punishment for violators. Below is a brief description of the most common consequences.

Fines

Fines are most commonly attracted by traffic and moving violations and tend to be the most straightforward to address. If the violation is less severe, such as a traffic infraction, the fines may not reach above $500. These fines are generally administered by mail after the officer has delivered the ticket, though the recipient has the opportunity to contest the fine if they believe it was improperly assigned.

However, if the offense is graver than a traffic infraction, the fines may be significantly steeper. When it comes to contesting a speeding ticket to avoid the fine, prompt action is generally required as there are consequences for neglecting to pay the fine.

Driver Improvement Courses and Demerit Points

Depending on the nature of the violation, the offender may be required to attend a remedial driving course. In Virginia, these are generally administered at a driver improvement clinic which can be accessed via the DMV.

Additionally, if a driver is found guilty of a traffic violation, the court then communicates this information to the Department of Motor Vehicles. Once they have received this notice, the DMV then assigns demerit points per the severity of the offense.

These demerit points can continue to accrue with repeated offenses, and a greater number of demerits can increase insurance premiums and, with repeated offenses, may even lead to a suspension of license. However, by continuing to drive safely, drivers can earn positive demerit points to reverse this effect.

Public Record

In Virginia, driving records are available to the public. Therefore, any moving violations or infractions committed will go onto the driver’s public record. This could harm employment prospects and other activities that require a background check.

Implications of a Moving Violation for Military Personnel

If the driver is a member of the military, whether or not they are on active duty or otherwise, there can be additional complications in addressing a moving violation. While many aspects of the process can proceed like normal, it is generally advisable for military personnel to report the incident to their commanding officer or appropriate military authority.

Transparency with one’s superiors can help the process move smoothly without complication and interruption. Military personnel may also need to fill out either DD Form 1408 or DD Form 1805 depending on where the violation occurred and several other factors. Commanding officers or other military authorities may be able to provide specific instructions based on the particulars of the situation.

Contact a Virginia Traffic Attorney Today

Unraveling the web of legal complexities and knowing when to challenge a ticket or simply pay the fine can be difficult, especially when considering the lasting impact that these decisions can have. Military members may also have additional complications, as they may have security clearances and their military career to be concerned about. To find out more about moving violations, consider speaking with an experienced Virginia traffic attorney today at Driving Defense Law by calling (757) 929-0335.

Driving is a privilege, but it is so common that many people consider it a right. This privilege comes with many responsibilities, and when you are a member of the military, it can be an even bigger responsibility. Military members drive their personally owned vehicle (POV) on their own time and may also drive military vehicles as part of their duties. What happens when those driving privileges are suspended? What if they are overseas when those driving privileges are suspended, particularly if it is their civilian driving privileges? There are many intricacies to driving both POVs and military vehicles while stationed abroad, and a suspension of driving privileges may have a significant impact on the military member, military operations, and the military member’s career. If your driving privileges have been suspended, or you are concerned that they may be, one of our experienced traffic attorneys at Driving Defense Law may be able to assist you. Call (757) 929-0335 to schedule a consultation and learn more about how a driving privileges suspension may impact your military life.

What Reasons Can Lead to the Suspension of Driving Privileges in the Military?

According to 32 CFR Part 634.10, the installation commander may administratively suspend or revoke driving privileges for anyone on the domestic or overseas installation for cause. Additionally, they are not limited or restricted from suspending or revoking driving privileges for lawful reasons unrelated to safe vehicle operation or traffic violations. Military members and others on the installation may also have their driving privileges suspended for violations of installation parking regulations. These regulations are determined by the installation commander, who determines the standards for suspension based on violation frequency and publishes those standards.

Suspending driving privileges is not usually the first measure taken. In most cases, a military member’s driving privileges are only suspended when other measures, such as counseling, rehabilitation programs, or remedial driver training, have failed to make a difference in the driver’s performance. However, if the military member is facing an intoxicated driving incident, their driving privileges are immediately suspended pending the outcome of the incident.

What Is the Administrative Due Process for Driving Privileges Suspensions?

Each military branch has its own separate regulations for dealing with a suspension of driving privileges. Individuals who are facing a suspension or have already had their driving privileges suspended may wish to consult with a Virginia traffic attorney to learn more about the process for their branch of the military, as well as how it may affect their Virginia or other state civilian driver’s license.

Individuals should note that per Norfolk Navy Ship Yard’s Traffic Court Information, all local military installations share suspended driver information. Therefore, if driving privileges have been suspended on one installation, the service member should avoid driving on other installations until their privileges have been reinstated to avoid having further negative actions taken.

What Immediate Impact Does a Suspension Have on Military Operations?

Service members need access to reliable transportation to effectively executing missions. In addition to the ability to drive to duty locations, trainings, and meetings, they may also need to be able to drive a military vehicle as part of their duty, a training, or a mission.

Therefore, the immediate impact of driving privileges suspension can be troublesome. The suspension may impede mobility, disrupt schedules, and hamper the overall efficiency of military operations not only for the service member, but for others who rely on them.

How Can a Suspension Affect the Military Member’s Career Long-Term?

Suspension of driving privileges alone may not have an impact on a service member’s career, but the reason behind the suspension could have a significant impact. A suspension related to a driving under the influence (DUI) charge while in the military is much more likely to have a severe negative impact on a service member’s career, including the potential for a dishonorable discharge, than a suspension for parking violations. If the suspension makes it harder for the individual to receive a security clearance, it can stall the advancement of their career.

Can a Suspension of Driving Privileges Be Changed?

In some instances, the installation commander may modify a suspension and instead restrict the individual’s privileges or put them on probation. The commander may grant specific driving privileges on a case-by-case basis based on circumstances such as mission requirements, unusual personal or family hardships, or delays of more than 90 days in the formal disposition of related charges. These types of restricted privileges may include permission to drive to and from the place of duty or employment. The specific privileges allowed will be provided in writing to the driver. However, the driver must have a valid civilian license. If their driver’s license is suspended in Virginia, the commander cannot convert the suspension to restriction or probation.

If the driver violates the terms of their restricted driving privileges and probation, the permissions can be withdrawn and the suspension continues as ordered. If you have had your driving privileges suspended and would like to request restricted privileges or probation of your installation commander, Driving Defense Law may be able to assist you.

What If the Military Member Is Overseas and Their Civilian Driving Privileges Are Suspended or Revoked?

When stationed abroad, most host nations allow or require military service members to get a specific driver’s license in order to drive outside of the military installation. For example, Germany allows Army members and their family members to test for and be granted a United States Army in Europe (USAREUR) driver’s license as an alternative to a German driver’s license, per the United States Army. In all cases, the service member is required to have a valid, unexpired United States driver’s license. The Virginia Department of Motor Vehicles gives military members and their families who are living abroad the ability to apply for an extension of their driver’s license before it expires by mail. When they return to the United States, they have 180 days to appear in person to renew their license.

Some host nations have reciprocal agreements with military installations that stipulate that if the host nation suspends or revokes a service member’s driving privileges, the installation commander will honor the suspension or revocation and suspend or revoke the member’s driving privileges on the installation. If there is no established law regarding reciprocity, most installations will still automatically terminate the member’s driving privileges on the installation if the host nation has suspended or revoked their driving privileges.

How Can an Experienced Traffic Attorney Assist You?

Whether you are dealing with suspended driving privileges due to a civilian license suspension or your driving privileges have been suspended due to infractions on the installation, getting your privileges reinstated can be very important to advancing your career, keeping up with your military duties, and living your daily life. Our skilled traffic attorneys at Driving Defense Law may be able to assist you with getting civilian traffic charges reduced or dismissed, requesting a suspension be converted to restricted privileges or probation, or understanding any steps you must take to have the suspension lifted such as taking a remedial driving course or providing proof of a valid civilian driver’s license. Call (757) 929-0335 to review your suspension of driving privileges and what legal options you may have.

Inexperienced drivers, or drivers with plenty of highway hours preparing to spend extensive time in high-traffic conditions, are frequently advised to practice “defensive driving” techniques. While the advice is not necessarily bad, many drivers find it difficult to take. What is “defensive” driving? How does it differ from other basic safe driving practices? How can new drivers, or anyone trying to navigate challenging driving conditions, drive defensively? Read on for answers – and to learn more, consider scheduling a consultation with the experienced Virginia traffic attorneys at Driving Defense Law. Call (757) 929-0335 now to find a time that works for you. 

What Is the Meaning of Defensive Driving? 

Defensive driving is sometimes compared to aggressive driving. The impulse to compare is understandable, since both terms characterize the driver’s attitude toward others sharing the roadway. In Virginia, however, “aggressive driving” is a legally codified set of traffic violations punishable as a Class 2 misdemeanor under § 46.2-868.1 of the Code of Virginia. Defensive driving, on the other hand, is a more informal term that may be used to refer to any of several driving techniques informed by a safety-oriented approach to vehicle operation, as well as to the structured awareness, on the part of the driver, that facilitates following these “best practices” for safe driving. 

Benefits of Defensive Driving 

Defensive driving can have a number of benefits. Adopting a defensive approach to vehicle operation can make it easier for drivers to anticipate dangerous situations, securing critical seconds of “lead” time for evading unexpected obstacles or responding to the actions of other drivers. At highway speeds, even a slight extension of the time a driver has for recognizing a potential hazard and activating their reflexes can sharply reduce the likelihood of a crash. Defensive driving practices can also help motorists avoid moving violations, improve fuel efficiency and reduce wear and tear on vehicles. 

What Are the Defensive Driving Techniques? 

Because defensive driving, unlike aggressive driving, is not codified into law, different sources will give different answers to the question “What is defensive driving?” In general, however, most safe driving authorities are agreed that the following constitute key elements of defensive driving that apply across a wide variety of driving scenarios and traffic conditions: 

Keep a Safe Following Distance

The minimum safe distance will likely depend on roadway and weather conditions; for instance, it is generally a good idea to allow “extra” space between vehicles when driving on wet or icy roads than might be needed for clear roads on a sunny day. “Following too closely” is one of the violations covered under Virginia’s “aggressive driving” law, but § 46.2-816 allows peace officers some discretion in applying the statute by defining the violation as following “more closely than is reasonable and prudent” for the road conditions and related circumstances. If you have been charged with misdemeanor aggressive driving for following too closely behind another vehicle, consider reaching out to a Virginia traffic attorney with Driving Defense Law to discuss your situation. 

Check for Blind Spots 

A “blind spot” is any area the driver cannot see from their position at the wheel of a vehicle. In everyday conversation, “blind spot” is most often used to refer to regions in the immediate vicinity of a vehicle that a driver is blocked from seeing by the construction of the vehicle itself. These areas will depend on the driver’s height, the placement of the mirrors, and of course the layout of the vehicle, but some of the most common “blind spots” fall just behind a vehicle’s rear bumper (where in many cases the driver cannot see the ground even by looking in the rear-view mirror), or in a narrow, wedge-shaped “slice” on either side of the vehicle, between the area visible through the rear-view mirror and that covered by the mirrors on each side. 

The good news is that in most cases drivers can compensate for blind spots by turning their heads while using their rear-view and side mirrors. Swiveling will not increase the total breadth of the driver’s vision, but can offer something of a “panoramic” view that sweeps the immediate surroundings and improves the driver’s chances of spotting a potential hazard. If you share a vehicle with another driver, particularly someone who is significantly taller or shorter than you, it may also be helpful to take a moment, before you start the vehicle, to adjust the positions of the driver’s seat and all mirrors, to minimize blind spots and maximize the comfort, as well as the safety, of vehicle operation. 

Avoid Distractions 

Distracted driving is a major cause of motor vehicle accidents each year. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving was a factor in 3,308 traffic-related fatalities in 2022 alone. Few safe driving practices yield rewards more reliably than simply paying attention while at the wheel. Just as distracted driving reduces available reaction time and increases the chances of missing important roadway signage or possible traffic hazards, maintaining strong situational awareness while operating a vehicle makes it much easier to identify potential risks and improves a driver’s response time. 

Follow Traffic Laws 

While the specific laws that apply will vary by jurisdiction, in general a common aim of most traffic laws is to reduce the likelihood of accidents and increase the chances that travelers will reach their individual destinations safely. Important traffic regulations to keep in mind, especially when traveling, include whether (and when) it is legal to “turn right on red,” whether and under what conditions state or local laws allow for legal U-turns, and of course considerations such as posted speed limits and restrictions on lane changes. 

Speak With a Virginia Traffic Attorney About Defensive Driving 

Defensive driving can improve safety outcomes and lower the stress associated with operating a vehicle, especially in high-traffic situations. If you have ever wondered, “What is defensive driving?” – or if you are curious about how defensive driving techniques may help you avoid moving violations – you may find it helpful to speak with a traffic attorney in your area. Virginia residents can reach an experienced attorney at Driving Defense Law by calling (757) 929-0335. Call today to schedule your free consultation. 

Members of the United States military are subject to the same state and local traffic laws as any other citizens when operating their personal vehicles on public roads. They are also entitled to the same rights of defense when charged with traffic violations. However, active duty servicemembers may find that military deployment sometimes conflicts with their rights and responsibilities to attend traffic court, enter pleas when needed, or take advantage of the various opportunities state law offers for reducing penalties for Virginia traffic violations. In these situations, working with a Virginia traffic defense attorney who has experience assisting active duty military personnel may help individuals on military deployment to resolve their outstanding legal matters with a minimum of stress. Call (757) 929-0335 today to book a free consultation with Driving Defense Law and learn how our Virginia traffic defense team may be able to assist you. 

What Is Deployment? 

According to the United States Department of Veteran Affairs (VA), military deployment is the transfer of armed forces from their permanent duty base to a location on foreign soil (or waters). Often deployment means relocating troops to another country in preparation for combat duty or to participate in humanitarian missions. Troops may also be deployed to assist in evacuation operations under a variety of emergency circumstances, or to provide support for local security or “peacekeeping” efforts. 

Deployment vs. Mobilization 

Deployment is sometimes conflated with mobilization, a closely-related military activity in which troops are moved from one location to another. The key distinction is that for military purposes, mobilization means moving troops within the United States and/or its territories, whereas deployment is a relocation to somewhere other than United States soil. 

Duration of Deployment 

The VA explains that deployment may last anywhere from three to 15 months. Depending on the charges, individuals who expect their military deployment to be relatively short may be able to get their court dates for minor traffic violations moved, in order to be able to make their appearance in court once they have returned to their permanent station. For longer deployments, rescheduling court dates associated with traffic violations may not be a realistic option. An experienced traffic defense attorney may be able to recommend alternatives, such as having a lawyer appear in court in your place. 

Traffic Violations During Troop Mobilization

Mobilization, in which members of the military are relocated within the borders of the United States and its territories, can present a unique set of potential complications. While military bases will usually maintain their own traffic regulations and impose penalties for traffic infractions that take place on base accordingly, members of the military are generally subject to local traffic laws when operating their personal vehicles off the grounds of the military base – even when they are in the area because they were mobilized with their unit.

Individuals in military service who are charged with traffic violations while mobilized may encounter logistical difficulties if they are swiftly returned to their permanent base, or mobilized to another state. In these instances the demands of active duty may make it impractical to attend traffic court and enter a plea or argue for leniency. A traffic defense attorney located in the state where the citation is issued, or where the charges are filed, may be in a position to assist with handling legal arrangements. 

Handling Traffic Violations Close to Base 

As a 2019 study from Pew Research notes, frequency and duration of deployment both vary widely depending on rank, branch of military service, and of course national and global conditions during an individual’s military career. That said, even individuals on active duty often spend a considerable portion of their service period at or near the base where they are permanently stationed. As a result, they enjoy many opportunities to leave the base, take in the local scenery – and accrue citations and charges for traffic violations. 

In most cases, military personnel are able to handle these legal matters in much the same way as civilians living in the same area: They attend traffic court, enter a plea on their own or with the advice and support of a local traffic defense lawyer, and pay fines or participate in remedial driver education programs, as indicated by the nature of the infraction and rules of the jurisdiction. When someone in military service is charged with a traffic violation and then relocated on short notice due to rapid military deployment, however, the individual in question may encounter hurdles in fulfilling their obligations to the local traffic court. Due to the numerous military bases located in and near Virginia, the traffic attorneys at Driving Defense Law have extensive experience representing active duty military personnel in Virginia courts. 

Traffic Infractions vs. Criminal Traffic Violations 

The most appropriate way to handle a traffic violation while on military deployment will depend to some extent on the nature of the traffic ticket or charges. In Virginia, traffic violations classed as “infractions” under § 42.3-113 of the Code of Virginia are not considered to be criminal offenses; they are generally subject to tickets, rather than charges filed by state prosecutors. More serious violations may be classed as either misdemeanors or felonies. § 18.2-8 defines all traffic offenses punishable by confinement as felonies, and the result of a conviction for any of these on an individual’s criminal record can be correspondingly serious. 

Handling Traffic Tickets in Virginia 

A seasoned traffic defense lawyer will often tell clients that it is rarely a good idea to immediately pay a traffic ticket. Paying a traffic ticket without contest typically means admitting guilt. Such admissions can have a number of undesirable consequences for Virginia drivers, including the accrual of “demerit points” on the driver’s record with the Virginia Department of Motor Vehicles (DMV) and sometimes hefty increases in auto insurance premiums. For these reasons, before paying a traffic ticket, you may wish to consult with a traffic lawyer in the jurisdiction where the citation has been issued to explore your legal options. 

Speak With a Virginia Traffic Defense Lawyer 

Members of the United States military are in most cases subject to the same laws and regulations as their civilian counterparts when driving personal vehicles on public roads. However, these individuals may face a special set of challenges when military deployment means they need to handle legal matters related to traffic violations while away. If you have questions about Virginia traffic tickets or charges for traffic violations in Virginia, consider reaching out to a seasoned traffic defense attorney with Driving Defense Law. Call (757) 929-0335 today to schedule a free consultation to review your case. 

According to the Centers for Disease Control and Prevention (CDC), eight teenagers lose their lives daily in the United States as a result of motor vehicle-related injuries, which is significantly higher than non-teen motorists. For teenage drivers, the issue of parental liability is an important one, particularly concerning accidents. Read about parents’ vicarious liability for teenage drivers, and find out how a seasoned Virginia traffic law attorney from Driving Defense Law can help motorists fight for their legal rights; call our legal team today at (757) 929-0335.

Common Causes of Teen Driving Accidents

Teen driving accidents can occur due to various factors that contribute to the heightened risk faced by young drivers. Understanding these common causes could help promote safer driving practices among teenagers. Here are some key reasons behind teen driving accidents:

• Inexperience and risk-taking behaviors: Teenage drivers, due to their limited driving experience, may exhibit risk-taking behaviors such as speeding, reckless driving, and distractions. These behaviors can increase the likelihood of accidents as teens have less practice in handling dangerous situations compared to adult drivers.
• Distracted driving: One of the major issues affecting teen drivers includes distracted driving. Distractions such as cell phones, passengers, and other factors in the vehicle can divert their attention from the road, leading to a higher risk of crashes; according to the National Highway Traffic Safety Administration (NHTSA), in 2022, over 3,000 individuals died due to distracted driving.
• Driving at night: Night driving poses challenges in terms of reduced visibility, which teenage drivers may not have fully developed skills to manage safely. The lack of experience and reduced visibility at night can increase the risk of accidents for teen drivers.
• Driving with passengers: Having friends in the car, particularly in high-emotion situations, can significantly increase the likelihood of crashes for teenage drivers. The presence of passengers can be a distraction and may lead to impaired decision-making.
• Drowsy driving: Teens require sufficient rest, and late bedtimes or extracurricular activities can compromise their alertness while driving. Drowsy driving significantly impairs a teen driver’s ability to focus, react quickly, and make sound judgments while operating a vehicle.
• Seatbelt non-compliance: Teenagers often have lower seat belt usage rates compared to adults. Failing to wear seat belts increases the risk of injuries in the event of a crash, as seat belts help prevent severe injuries and fatalities.

Parental Liability for Teenage Drivers’ Accidents

Several legal principles concern parental liability for teenage drivers in the event of motor vehicle accidents, and understanding these can help parents and guardians understand the potential legal consequences for them if their teenage children contribute to these incidents. Below is an explanation of the main legal theories in this area.

Negligent Entrustment

Negligent entrustment pertains to the concept of holding a parent or guardian liable for entrusting their vehicle to a teenager whom they knew or reasonably ought to have known posed a risk to other motorists. For instance, if a parent continues to allow their teenager to drive despite knowing about the teen’s reckless behavior behind the wheel or the previous accidents they caused, the parent could be legally responsible under the negligent entrustment principle.

Vicariously Liable for a Teenager’s Actions

Vicarious liability is another crucial legal principle that can render parents accountable for their child’s actions, especially when the child is a minor. This doctrine attributes liability to parents based on the parent-child relationship and the ownership of the motor vehicle involved in the accident. If a minor causes a motor vehicle accident, the parents might be liable for the damages resulting from the incident under this legal theory.

Driving Privilege Application Liability

Driving privilege application liability is another key legal principle in this area. Parents who sign off on their teenager’s driving permit or license application may inadvertently assume a level of responsibility for any subsequent driving mishaps. By endorsing their teenager’s driving privileges, parents could be indirectly agreeing to bear some liability for their child’s involvement in an accident.

Does a Parent or Guardian’s Insurance Cover a Teenage Driver?

Whether a parent or guardian’s car insurance covers a teen driver largely depends on the specifics of the insurance policy. Here are some scenarios where a parent or guardian’s car insurance may or may not provide coverage for a teenage driver:

• Listed as a covered driver: If the teenage driver is explicitly listed on the parent or guardian’s insurance policy, they are typically covered when driving the insured vehicle. However, this may result in higher premiums due to the increased risk associated with inexperienced drivers.
• Permissive use: Many insurance policies extend coverage to occasional drivers who have permission to use the insured vehicle. In this case, if the teen has permission to drive the car, they are likely covered under the parent or guardian’s policy. However, the coverage may not be as extensive as for listed drivers, and there could be specific age or licensing requirements.
• Excluded driver: In some cases, parents or guardians may choose to exclude certain drivers from their policy, often to reduce premiums. If the teenage driver is explicitly excluded, the insurance policy may not cover the child when driving the insured vehicle.
• Non-owned auto coverage: Some insurance policies include coverage for drivers who occasionally use vehicles they do not own. This coverage may extend to the teen driver if they are driving a car that belongs to someone else, such as a friend or relative, but with varied coverage limits and conditions.
• Uninsured/underinsured motorist coverage: This coverage protects against damages caused by uninsured or underinsured drivers. Additionally, it may cover the insured and their household members if they sustain injuries from an uninsured or underinsured driver while walking or cycling. This coverage may also apply to teen drivers in certain situations.

Find out more about parents’ vicarious liability for teenage drivers, and discover how Driving Defense Law can assist individuals facing traffic charges. Organize a consultation with an experienced Virginia traffic law attorney by filling in a contact form on our website; more information about the different traffic offenses we can help with is also available here.

Can Parents Face a Personal Injury Lawsuit for Their Teenager’s Accident?

In cases where a teenager causes a motor vehicle accident, it can be helpful for parents to understand whether they could face a possible personal injury legal claim. Here is an explanation concerning the specifics of parental liability in personal injury lawsuits resulting from their teen’s involvement in an accident.

What Does the Other Motorist Have To Prove?

To establish parental liability in a personal injury lawsuit for a teenager’s car accident, the other driver typically needs to demonstrate that the teenage driver caused the accident. Additionally, they must prove the parent should have taken preventive measures or provided more effective guidance to the teen to avoid the incident. This could involve showing the parent allowed the teenager to drive without adequate training or supervision, or while knowing the teen was unfit to drive.

What Damages Could Parents Potentially Have To Pay if Their Child Causes a Car Accident?

If a teenager is responsible for the damages caused in a motor vehicle accident, the parents can be liable under the principle of vicarious (or imputed) liability. These parents may have to pay a range of damages resulting from the accident caused by their teenage child, such as property damage, medical expenses, pain and suffering, and lost income.

What Are the Possible Defenses to Parental Liability for their Child’s Car Accident?

Parents facing possible liability for their teen’s car accident can explore potential defenses to protect themselves. Some defenses may include demonstrating that the parent provided adequate training and supervision, lacked knowledge of the teen’s driving history or behavior, or that the accident took place due to unforeseeable circumstances beyond the parent’s control.

Tips for Parents of Teenage Drivers

Parents can adopt several practices to help their children stay safe while operating a motor vehicle. Here are several tips for helping prevent teenage driver accidents.

Establishing a Driving Agreement

Parents can set clear guidelines and rules for teenage drivers by creating a driving agreement. This agreement outlines expectations, prohibitions, and consequences regarding their behavior behind the wheel; they can include clauses such as no texting while driving, avoiding alcohol consumption before driving, and following speed limits. By establishing a driving agreement, parents can reinforce safe driving practices and encourage responsible behavior.

Encouraging Defensive Driving

Encouraging teenagers to practice defensive driving techniques can help prevent accidents. Parents may educate their teenage drivers on defensive driving principles, such as maintaining a safe distance from other vehicles, staying alert, and anticipating potential hazards. Defensive driving courses can further enhance their driving skills and road awareness, reducing the risk of accidents and promoting safer driving habits.

Regularly Reviewing Driving Progress

Parents who regularly monitor and review their teenage driver’s progress can help prevent their children’s involvement in motor vehicle accidents. By staying involved in a child’s driving practices, parents can provide constructive feedback, address any concerns or issues, and track their overall development as a driver.

Frequently Asked Questions About Parents’ Vicarious Liability for Teenage Drivers

Parents and guardians may have several questions concerning whether they could be liable due to their child’s involvement in a car accident. Here are some commonly asked queries regarding this topic.

What Happens if My Teen Was Driving Without a License?

If a parent’s teenage child was driving without a license and caused an accident, they could be liable for any damages resulting from the incident. In some states, parents can be jointly and severally liable for their children’s actions, even if the minor caused the accident without parental involvement. This means that as a parent, they could bear financial responsibility for the consequences of the accident, regardless of the child’s driving status.

What if My Teenage Child Drove My Car Without My Permission?

If a teenager drives a car without the parent’s permission and is part of an accident, the parent could still be accountable for any damages caused by the incident. As a parent, it is advisable to take necessary steps to prevent unauthorized access to the vehicle by the teenager to mitigate the risks of incurring these damages.

Will My Insurance Premium Go Up if My Teen Driver Causes a Car Accident?

In the event of a car accident involving a teen driver, if the teen caused the incident and the insurer pays for the damages under the liability coverage, the premium is likely to increase significantly. In some cases, insurers may even opt not to renew the policy if the teen driver has multiple at-fault car accidents or traffic violations within a specific period.

Can Teens Get Their Own Car Insurance?

Teens between 18 and 19 years old can typically sign a contract and purchase insurance in the majority of states. However, minor teens often require a guardian or parent to co-sign the insurance policy, making parents still responsible for any incidents involving the teen driver.

Contact a Virginia Traffic Law Attorney Today

In some scenarios, parents could find themselves legally responsible for damages caused by their teenage children behind the wheel. For instance, in cases where parents knowingly allow their teenage drivers to operate a vehicle, even with a history of accidents or risky behavior, they can be liable. Gain a more detailed understanding of parents’ vicarious liability for teenage drivers, and explore the legal options available to people facing traffic violations by reaching out to a Virginia traffic law attorney; call Driving Defense Law at (757) 929-0335.