New Teen Drivers Heading Back to School: How Pennsylvania’s Graduated Licensing Law Affects a Crash Claim
As another school year begins in Montgomery County, countless teen drivers who have recently obtained their junior driver’s license are taking their first turn behind the wheel, driving to school, sports practices, and work. While a junior driver’s license gives a new driver the freedom to gain driving experience, it can also impact liability when an unexpected accident occurs.
If your teenager has recently started driving and you are wondering how Pennsylvania’s graduated licensing laws impact their legal rights and responsibilities, the Montgomery County car accident lawyers at Anthony C. Gagliano III, Esquire, P.C., are here to help you.
Pennsylvania’s Graduated Licensing Laws
Pennsylvania law provides a three-tiered system for allowing young drivers to operate a motor vehicle in the state. First, drivers can obtain a learner’s permit at age 16. Under a learner’s permit, teen drivers must spend at least 6 months and 65 hours gaining driving experience by driving with a licensed adult. During this time, the teen must also complete 10 hours of night driving and five hours of driving in poor weather conditions. Under a learner’s permit, drivers are also generally prohibited from driving between 11 pm and 5 am.
After passing a junior license exam, a driver can obtain a junior license, which permits a teen driver to drive on their own, but generally prohibits nighttime driving between 11 pm and 5 am. At 18 years of age, or at 17 and a half if the driver has held a junior license for 12 months, the driver can be approved for a full, unrestricted license.
Teen Crashes
If a teen crashes while under a junior license, police may investigate not only the circumstances of the accident, but also whether the teen complied with applicable licensing requirements. For example, if your child was involved in an accident while driving at 1 am while on a junior’s license, they may not only have to deal with the consequences of a crash but also with the possibility of having violated Pennsylvania’s graduated licensing laws.
And while violation of the graduated licensing laws does not establish liability for an accident that occurs, it may factor into how police and attorneys approach the car accident, as it may suggest that the young driver was not making good decisions at the time, or may have been involved in behaviors that were distracting or increased the risk that an accident would occur.
When You Should Consider Contacting An Attorney
After any car accident, it is important to carefully investigate and document what might have occurred and who might be responsible. Where an accident involves a younger driver, parents should also take time to consider whether licensing restrictions might be in place and whether their driver may have violated any terms of their current license.
At Anthony C. Gagliano III, Esquire, P.C., our Montgomery County car accident lawyers often work with the families of young drivers and can help you determine your child’s compliance with Pennsylvania’s graduated license laws, as well as advise you on handling complicated insurance and liability questions. For more information or to schedule a consultation, contact us today.