Who Can Be in the Car with a Permit Driver in Chicago, Illinois?

Friday, October 11, 2024

Who Can Be in the Car with a Permit Driver in Chicago, Illinois?

Written by Malman Law, reviewed by Steve J. Malman.

Obtaining a learner’s permit is an important milestone for teenagers on their journey to earning a full driver’s license. In Illinois, teenagers as young as 15 can apply for a permit as part of the state’s Graduated Driver’s License Program (GDL). This program is designed to introduce new drivers to the road in a controlled, step-by-step manner, with specific rules and restrictions in place to minimize the risks associated with inexperience.

In situations where someone is injured by a permit driver in Chicago, it is essential to seek legal advice from a car crash attorney right away to understand your rights and legal options.

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Key Restrictions for Permit Drivers in Illinois

To protect permit drivers and others on the road, Illinois law imposes strict regulations on those driving with a learner’s permit. Permit drivers must always be supervised by a licensed adult aged 21 or older, who must sit in the front passenger seat while the teenager is driving. Additional restrictions ensure that the young driver’s environment is as safe as possible:

• Driver Education and Tests: Teens must be enrolled in an approved driver’s education course and pass both a vision and written test before they can receive their permit.
• Nighttime Driving Restrictions: Permit drivers are not allowed to drive between 10 p.m. and 6 a.m. from Sunday to Thursday and between 11 p.m. and 6 a.m. on Fridays and Saturdays (local curfews may vary).
• Minimum Holding Period: The learner’s permit must be held for at least nine months before the driver is eligible to apply for a full license.
• Supervised Driving Hours: Teens must complete at least 50 hours of supervised driving practice, including 10 hours at night.
• Traffic Violations: Permit holders must maintain a clean driving record during the permit phase, meaning no convictions for moving violations.
• Seatbelt Requirements: Only one person is allowed in the front seat, and the number of passengers in the back is limited to the available seat belts. Everyone must wear a seatbelt.
• Cell Phone Use: Drivers under 19 are prohibited from using cell phones, including hands-free devices, except in emergency situations.
• Texting While Driving: Texting while driving is illegal for all drivers and especially for new drivers under a learner’s permit.

These restrictions are in place to ensure that new drivers have a safe environment in which to develop their skills. Unfortunately, even when they follow the rules, permit drivers can still cause accidents due to their lack of experience. When they violate these rules, the risk of accidents increases significantly.

What to Do and Expect After a Car Accident Involving a Permit Driver in Illinois?

Car accidents can be overwhelming, especially when the driver responsible holds only a learner’s permit. In Illinois, permit drivers must follow specific rules, and while the legal process after an accident is generally similar to that of licensed drivers, the inexperience of the permit driver and supervision requirements can complicate matters. Here’s what you should do and what to expect if you are involved in an accident caused by a permit driver.

Steps to Protect Your Rights

1. Seek Medical Attention Immediately: Even if your injuries seem minor, it’s essential to undergo a thorough medical examination. This ensures your health is prioritized and creates a formal record of your injuries, which is crucial for any legal claims.
2. Avoid Signing Any Settlement Offers: Insurance companies may attempt to offer quick settlements that are often far less than your claim’s actual value. Always consult with an attorney before agreeing to any settlement offer to avoid being undercompensated.
3. Follow Your Treatment Plan: Make sure to attend all medical appointments and follow your doctor’s advice. Failing to follow through on treatments can weaken your case and reduce the compensation you’re entitled to receive.
4. Consult an Attorney: A personal injury attorney experienced in handling cases involving young or inexperienced drivers can navigate the legal complexities and help negotiate with insurance companies to secure the compensation you deserve.

Key Considerations After the Accident

• Supervision Requirement: Illinois law mandates that permit holders must be supervised by an adult aged 21 or older with a valid driver’s license. This adult must sit in the front passenger seat while the permit driver operates the vehicle. If this requirement is violated, it can affect how liability is determined.
• Accident Liability: Illinois law treats permit drivers similarly to licensed drivers when determining fault. If the permit driver adhered to all permit conditions and was properly supervised, the accident liability process is handled like any other car accident—based on fault.
• Permit Violations: If the permit driver was in violation of any conditions—such as driving unsupervised or outside legal hours—it can complicate the determination of liability. The permit holder may face additional legal penalties or be found partially responsible for the crash, potentially affecting the insurance claim.
• Insurance Coverage: Typically, permit drivers are covered under their parents’ or the supervising adult’s insurance policy. However, violations of permit conditions (e.g., driving without supervision) may lead to reduced or denied coverage by the insurance company, leaving the family financially exposed.
• Additional Consequences: Permit drivers who cause an accident while violating permit restrictions could face fines, legal penalties, or increased liability. This liability could extend to the supervising adult if they failed to provide proper oversight during the incident.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

Determining Liability in Accidents Caused by Teen Drivers

Assigning liability in accidents involving teen drivers, particularly permit holders, can be more complex than with fully licensed adults. Illinois law generally holds the at-fault driver responsible for damages, but there are unique aspects when dealing with permit drivers.

Supervision Requirements and Liability

Permit holders must always be under the supervision of a licensed adult aged 21 or older. If an accident occurs and the permit driver wasn’t properly supervised, both the teen and the supervising adult may share liability for the accident.

• Shared Liability: The supervising adult is expected to actively monitor the teen driver and intervene if necessary to prevent unsafe actions. If they fail to do so, they may be held partly responsible for any accidents that occur.
• Example: If a teen permit holder runs a red light and causes a crash, and the supervising adult did not intervene or attempt to stop the behavior, both parties could be held liable for the resulting damages.

Parental Responsibility in Teen Driver Accidents

Parents in Illinois are legally responsible for the actions of their teen drivers, especially when they are behind the wheel of the family car or have permission to drive it. According to the National Highway Traffic Safety Administration (NHTSA), teen drivers are statistically more likely to be involved in accidents due to their inexperience, with car crashes being the leading cause of death among teens in the U.S. This increased risk makes it crucial for parents to ensure their insurance policies offer adequate coverage.

While insurance typically covers damages caused by teen drivers, there are instances where out-of-pocket expenses may arise if the damages exceed the policy limits. Additionally, parents should consider enhancing their coverage with uninsured/underinsured motorist protection to safeguard against potential financial burdens. Ensuring proper supervision and maintaining strong insurance coverage is essential for minimizing both legal and financial exposure when accidents occur.

Potential Insurance Issues for Permit Drivers

Most insurance policies will cover permit drivers under the supervising adult’s or car owner’s policy. Nonetheless, there can be complications if the permit driver was not adhering to permit restrictions, such as driving outside of legal hours or without supervision.

• Insurance Denial: In cases where permit restrictions were violated, such as driving unsupervised, the insurance company may refuse to cover damages, leaving the family financially exposed.
• Financial Repercussions: If a permit driver causes an accident while unsupervised or violating any permit conditions, the family may face significant financial liabilities due to a lack of insurance coverage.

Importance of Supervision and Legal Responsibilities

Proper supervision is both a legal and safety necessity. Supervising adults must ensure that the permit holder follows traffic laws and drives safely. As noted by the University of Illinois, proper guidance reduces the likelihood of accidents by helping permit drivers build essential driving skills while protecting other road users.

Contact Malman Law Today to Discuss Your Case

If you’ve been injured in an accident caused by a permit driver in Chicago, it’s important to speak with an experienced car accident lawyer as soon as possible. At Malman Law, we specialize in helping accident victims recover the compensation they deserve. Contact our office at 1-888-625-6265 or visit our office at 205 W Randolph St #1700, Chicago, IL, for a free consultation. We will fight for your rights and guide you through the legal process to secure the best possible outcome for your case.