What Happens if a New Driver Gets in an Accident?

Getting your driver’s license is a momentous milestone — it’s a key to freedom, adventure, and endless possibilities. The open road is yours to explore, and there’s nothing quite like the feeling of cruising behind the wheel for the first time. But with great freedom comes great responsibility. As exciting as it is to drive, it’s also important to recognize that accidents can happen, especially in those early days when you’re still getting the hang of things.

Accidents are an unfortunate reality that all drivers face, and they can happen to anyone—even the most careful drivers. For new drivers, the risk may be even higher, as the learning process involves gaining experience and confidence behind the wheel. This is why it’s essential to know what to do in the event of an accident, understand the potential consequences, and how to navigate the situation with a clear head.

Immediate Steps to Take After the Accident

No one expects to be in an accident, but knowing what to do in the heat of the moment can make all the difference. If you’re involved in a crash, here’s what you need to do immediately to ensure your safety and protect your interests.

• Check for injuries: 
  • Your first priority should always be your safety and the safety of others involved. Take a moment to check yourself, passengers, and anyone else involved in the accident. If anyone is hurt, call for medical help immediately.
• Call the police: 
  • Reporting the accident to the police is important, even if it seems minor. The police will create an official accident report, which can be invaluable for insurance claims and potential legal action.
  • The police will gather statements from all parties involved, take note of damages, and possibly issue citations. They may also speak to any witnesses and take photos of the scene. Be prepared to provide details like your name, license, and insurance information.
• Exchange information:
  • Be sure to exchange key details with the other driver(s). You’ll need to share:
    • Full name and contact information
    • Driver’s license number
    • Insurance company name and policy number
    • Vehicle registration number and make/model of the car
• Document the scene:
  • Use your phone to take clear, detailed photos of
    • The scene of the accident, including the position of the vehicles
    • Any damages to your vehicle and other vehicles
    • Visible injuries to yourself or others
    • Road conditions and any relevant traffic signs or signals
  • Proper documentation is crucial for your insurance claim and can serve as valuable evidence if any legal issues arise down the line. The more thorough you are in documenting the situation, the better your chances of a smooth process with your insurance company or any legal proceedings.

Liability Issues for New Driver Accidents

The liability in a car accident involving a new driver generally depends on the circumstances of the crash. In most cases, the driver is considered at fault if their actions were the primary cause of the accident. According to the State Bar of Texas, teen drivers aged 16-17 are considered more dangerous because of:

• Lack of experience
• Inability to adapt to recognize hazards
• Their tendency to follow closely to other drivers
• They may be significantly impaired by small amounts of drugs or alcohol

In many cases, parents or guardians of a new driver could also be held liable under certain conditions. Some insurance policies might cover accidents involving a learner’s permit driver, while others may require that the new driver be specifically added to the policy. If the driver is not properly listed or insured, there may be issues with liability coverage.

Impact on Insurance Rates

For new drivers, accidents—especially those where they are at fault—can result in significant increases in premiums. Insurance companies typically see new drivers as higher risk, and an accident adds to that risk profile. 

After an accident, even if the driver has a clean history before the incident, their premiums will likely rise due to the accident claim. The increase can last for several years, depending on the severity of the accident and the insurance company’s policies.

If the new driver is not at fault, the impact on premiums may be less severe. However, some states allow insurers to raise rates for accidents where the driver wasn’t at fault, especially if it indicates a pattern of risky driving behavior like traffic violations or frequent collisions.

If a new driver has multiple accidents, their rates may increase exponentially, as the insurance company will likely categorize them as a more risky driver.

Legal Consequences for New Drivers Involved in Accidents

In an accident, civil liability refers to the responsibility of the driver (or others, like parents or guardians) to pay for the damages caused by the crash. If a new driver is at fault in an accident, they can be held financially liable for the damages caused to other parties. These damages can include:

• Property damage: Repair or replacement of vehicles, fences, buildings, etc.
• Medical bills: If the accident causes injury to another party, the driver may be responsible for medical costs, which can include hospital bills, physical therapy, or long-term care if the injuries are severe.
• Lost wages: If the accident results in the other party losing work time, the at-fault driver could be responsible for compensating those lost wages.
• Pain and suffering: In some cases, the person who was injured in the accident can file a claim for non-economic damages, like pain and suffering, emotional distress, or loss of enjoyment of life.

Depending on the severity of the accident, the new driver may face the suspension or revocation of their driver’s license. According to the Texas Department of Public Safety, your license can be suspended under the following circumstances: 

• You were involved in a car crash
• The investigating officer determines that you were at fault
• You were driving without car insurance at the time of the crash
• The accident caused injury, death, and/or property damage of $1,000 or more.

If the new driver is still on a probationary or provisional license, their involvement in an accident may result in stricter conditions being imposed, such as extended probation periods or additional restrictions on driving.

How to Support Your New Driver After an Accident

Your new driver is likely already feeling overwhelmed, scared, and guilty, especially if the accident was their fault. Approach the situation calmly and avoid expressing anger or frustration. Start by acknowledging their feelings. They may be feeling anxious about their driving future or stressed about the potential consequences. Listening and validating their emotions can help them process the situation. Remind them that accidents are a part of the learning process.

Reassure them that their driving ability will improve with time and that you’ll help them navigate through the process. Make sure they understand that this incident doesn’t define their future as a driver. Lastly, offer emotional validation. Accidents can affect someone’s self-confidence, especially for new drivers. Affirm that it’s normal to feel shaken up, but that they can bounce back and learn from the experience.

Injured in an Accident? Call Thomas J. Henry Law

If you or a loved one has been involved in an accident and need legal representation, Thomas J. Henry Law is here to help. With years of experience handling personal injury claims, we are committed to fighting for the compensation you deserve. Contact us today for a free case review and let us handle the legal details while you focus on recovery.