Liability after a Serious or Deadly Distracted Teen Driver Accident in Chicago
According to the Centers for Disease Control and Prevention (“CDC”), research reveals that among all drivers in this country, those between the ages of 16 and 19 years face the biggest risk of being in a motor vehicle accident. Sadly, the CDC also warns that these vehicular crashes are the leading cause of death for American teenagers: teenagers have a fatal crash rate that is “almost three times as high” as drivers who are 20 years old or older.
State of Illinois Fight Against Distracted Teen Drivers
The danger that teen drivers may be driving while distracted is especially concerning given these statistics. So much so, that the State of Illinois is targeting this age group in various ways. For instance, Secretary of State Alexi Giannoulias announced in October 2024 that in the future, Illinois teen drivers will be required to watch a video on distracted driving in order to get their state learner’s permit. Read, “New Requirement for Teen Drivers in IL,” written by Anna Schier and published by Patch on November 2, 2024.
This is among other statewide efforts to curtail teen distracted driving in Chicagoland and beyond. For instance, there are state laws on the books here in the Land of Lincoln that forbid any use of hand-held cellphones or other electronic communications while operating any motor vehicle. And only those over the age of 19 are allowed to use hands-free devices or Bluetooth technology. Read, “Distracted, Drowsy and Aggressive Driving,” published by the Office of the Illinois Secretary of State.
Why is Distraction More Dangerous for Teen Drivers?
It is past debate that distractions can cause catastrophic or deadly accidents. Studies going back over a decade have confirmed all sorts of things can distract a driver from proper operation of a motor vehicle with tragic results. See, e.g., Stavrinos, Despina, et al. “Impact of distracted driving on safety and traffic flow.” Accident Analysis & Prevention 61 (2013): 63-70. This has been shown to be even more true for young drivers aged 19 years or younger. Read, Madden, Mary, and Amanda Lenhart. “Teens and Distracted Driving Texting, talking and other uses of the cell phone behind the wheel.” (2009).
Several factors come into play that explain why distracted driving is particularly hazardous for this age group. Among them:
- Distracted driving may not be seen as a serious issue for the teen driver. The CDC reports that in 2019, almost half of surveyed high school students admitted that they had texted or emailed while driving. (The actual percentage may well be higher.) An insurance survey also had similar results, with 45% of surveyed teens confirming they had texted while driving within the past week.
- Teen drivers are new drivers that are often self-assured. They simply do not have the experience of older drivers who have driven for many years. Inexperience means that they may not perceive dangers as fast as a more experienced driver, or they may fail to react properly after discerning trouble – especially when recovering their focus after a distraction. Nevertheless, research confirms teenagers are much more confident of their driving abilities than more experienced drivers: many teens think they are excellent drivers regardless of their experience level.
According to the National Highway Traffic Safety Administration (“NHTSA”), the distractions of teen drivers on our roads are especially high-risk. The NHTSA warns parents that dialing a phone number while driving increases your teen’s risk of crashing by six times and texting while driving increases the risk by 23 times.
However, it is not just using a phone to talk or text that jeopardizes teen drivers on Chicagoland roads as well as those sharing the traffic lanes with them. As NHTSA points out, any form of distracted driving can result in a horrific teen driver crash.
These include things like talking or playing around with passengers in the car; eating food or drinking coffee while driving; putting on makeup; or changing audio selections (music, podcasts, etc.). These distractions are common temptations for teen drivers even though “…[t]aking eyes off the road even for five seconds could cost a life.”
Finally, teen drivers may combine distracted driving with other risks, like speeding; aggressive driving; failing to obey safety laws including wearing a seat belt; and failing to consider weather forecasts and road conditions (such as road construction work zones) when operating their vehicle.
For more, read: Speeding Causes Almost Half of All Fatal Car Crashes in Illinois (Around 25% in Indiana); and The 100 Deadliest Days for Teen Drivers: 2024 Summer of Safety.
Injury Claims After Teen Driver Distracted Driving Accident in Chicago
After any serious or fatal traffic accident, the immediate needs obviously must be focusing upon getting help for the victims (calling 911, etc.) and making sure the roadway is safe from additional collisions or crashes (protecting against things like debris, leaked fuel or oil, etc.) However, there will come a time when those suffering bodily harm in a motor vehicle crash here in the Chicago area must consider who may have legal liability for their injuries. And this can be complex when one of the drivers involved in the accident is a teenager.
First of all, the teen driver may not be at fault. This must be considered, as well as other things including failure of car components where defective product laws may be involved or lack of proper care or maintenance of roads, intersections, etc. where landowners or lessors may have legal responsibility under premises liability arguments. Maybe another driver was negligent. Maybe road construction projects failed to properly warn drivers of hazards in a road work zone.
Each case deserves independent consideration and respect. Accident reconstruction experts may take weeks or months to determine all the reasons for the crash.
However, there will be times when the investigation results conclude that a teen driver, distracted behind the wheel, contributed to the crash and caused harm.
When a teenager behind the wheel is determined to have driven negligently, then not only the insurance coverage of the teen driver but that of his parents may come into play to cover things like medical care; future medical expenses; lost wages; lost earning capacity; and more. If negotiations do not prove satisfactory for the victims, there may be a need to file a civil personal injury lawsuit for damages. This may involve claims against the minor as well as the parents.
For more, read:
- Distracted Driving, Cognitive Brain Function, and Motor Vehicle Accidents
- Distracted Driving in 2020: New Findings Warn of Continued Risk of Deadly Accidents Due to Phone Distractions
- Teen Drivers, Adolescent Brain Development, and the Danger of Deadly Car Crashes
- Teen Driver Accidents: Causes and Consequences.
Teen drivers who are driving distracted endanger themselves, their passengers, and others sharing the road with them here in the Chicago area. Please be careful out there!
