Maison Law helps anyone injured in a car accident caused by a teenager in California. There’s a number of distractions that are present in any driving situation, but using social media apps like TikTok is a relatively new source that frequently leads to accidents. If you’ve been hurt in a car accident with a teenager that was using TikTok at the time, you have legal options. Contact us today for a free consultation to learn more.
Do You Need a Lawyer?
You aren’t required to have a lawyer in California, no matter what the situation is. That said, being in a car accident–particularly one where a teenager causes it because they were on their phone or on TikTok–makes the situation more serious. But you only really need a lawyer if your injuries or other losses are equally serious.
Our team has extensive experience helping clients that are in situations like yours. We can explain your rights, help you figure out who has to pay for your damages (not always easy in cases like this), help you gather evidence, and generally make the process easier for you.
Can You File an Injury Claim After a Car Accident With a Teenager Making TikToks?
The good news, relatively speaking, is that your legal options don’t change when you’re in a car accident caused by a teenager making TikToks in California. When this is the cause of the accident, it’s a pretty clear example of negligence, which means you can file an injury claim to recover “damages.”
That said, which option you ultimately choose is going to change the process. Generally, you can either file an insurance claim out of court or a personal injury lawsuit inside the court system. An insurance claim is quicker, but it doesn’t always cover the costs needed for your injuries. At that point, a lawsuit is the better option, but it takes more time and effort. Whichever option you choose, the main goal is to recover financial support for things like:
- Medical expenses and ongoing care needs
- Lost wages from missed work or lost earning potential if you can’t work anymore
- Repair/replacement costs for your vehicle or other damaged property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses, if injuries are fatal
- Punitive damages for excessive negligence
It’s important to understand that the recovery process after these car accidents can be complex and challenging. However, working with our team can take the burden from you, and allow you to focus on your physical and emotional recovery. One area where we’re a huge help is figuring out who has to pay for your damages.
Who Pays For Your Damages in These Accidents?
Probably the most confusing aspect of these accidents–aside from the fact that it would even occur to someone to make a TikTok while driving–is that the teen that’s driving the car isn’t necessarily legally responsible for paying for your damages. In this situation, that responsibility will likely fall on the person that owns the car. Most of the time, this is the teen’s parents or some other adult.
This is known as “vicarious liability,” and applies when someone (like an adult who owns the car) is held responsible for someone else’s negligence.
But it also depends on the circumstances. Given that there’s a lot of different variables with any car accident, others might share liability, like:
- Other drivers not directly involved in the accident
- Governments or agencies responsible for road maintenance
- Car or parts manufacturers
- Pedestrians or other passengers in the car
If you’re in a car accident caused by a teen making a TikTok, both the teen and others may share responsibility. Also, even though it might seem obvious, it’s still helpful to look into the underlying causes of these accidents so you can be better prepared to face them.
What Causes Car Accidents With Teens Making TikToks?
Again, it’s fairly obvious that a teenager is much more likely to cause a car accident if they’re making a TikTok. Not only does this take their attention off the road, but it also puts everyone else at risk. But as with any car accident, there’s a variety of different ways that this can cause a particular accident:
- Looking away from the road – To make a TikTok, teens often look at their phone instead of the road. Even a quick glance away can mean they miss seeing a red light, another car stopping, or a person crossing the street, leading to a crash.
- Hands off the wheel – Making a TikTok might involve holding the phone or moving their hands for the video. This means their hands aren’t on the wheel, making it hard to steer the car. Losing control, even for a second, can cause the car to swerve or hit something.
- Not paying attention – Teens might be more focused on what they’re doing for the video than on driving. This mental distraction means they react slower to things happening on the road, like a sudden stop or a car pulling out in front of them.
- Taking risks for the video – Some TikTok challenges involve doing dangerous things while driving, like speeding or swerving. Teens trying to make these videos might push their luck, which can easily lead to losing control of the car and crashing.
- Misjudging the road – While making a TikTok, teens might not pay enough attention to things like wet roads or tight turns. If they don’t notice these conditions, they’re more likely to skid, rear-end another car, or run off the road.
- Pressure from friends – Teens might feel pressured by friends to make a TikTok while driving. This pressure can lead them to take risks, like driving too fast or ignoring traffic rules, just to impress others.
Most teens are at least aware enough to realize that making a TikTok while driving is extremely dangerous. But again, this is the world we live in currently. Having constant access to connection and attention is too much for some teens to deal with–even if they’re driving.
What Can You Do to Protect Your Injury Claim?
Just because you have the right to file an injury claim and the fact that a teen driver making a TikTok is fairly straightforward in terms of negligence doesn’t mean you automatically get damages. You still have to do certain things to protect your claim, like:
- Call the police to report the accident – Report the accident to the police right away and tell them a teen driver was involved. This helps make sure they gather important details like the teen’s driving history and note any distractions, which are important for your claim.
- Call 911 for medical help – If you’re hurt, call 911 for medical help immediately. Seeing a doctor right away and getting follow-up care is crucial because your medical records will support your claim.
- Start collecting evidence – Take pictures of the accident scene, the damage to your car, and any injuries. Get contact information from witnesses, especially if they saw the teen distracted by TikTok. This evidence will make your claim stronger.
- Keep track of things – Save all receipts and records for medical bills, car repairs, and any lost income. These documents are important for making sure you get the compensation you deserve.
- Watch what you say – Don’t talk to the other driver’s insurance company without getting advice from a lawyer first. They might try to blame you for the accident, so it’s important to protect yourself.
Being injured in a car accident is always frustrating, but especially so when a teen driver isn’t being responsible behind the wheel–or worse, actively making a TikTok. This doesn’t change your legal options, but the recovery process can also be challenging. Our team will be there to support you from start to finish, though.
Contact Maison Law If You’ve Been Injured by a Teen Driver in California
At Maison Law, our priority is your well-being after a car accident. If you’ve been injured in an accident caused by a teen driver making a TikTok, our experienced California car accident lawyers are here to support you. We’ll make sure you get the help you need. Contact us today for a free consultation to get started.
