Monday, August 14, 2017

Could Your Dealership Be on the Hook for Teen Crime?

Teen Driving Speeding Car Through Tunnel
Temple University psychology professor Laurence Steinberg compared the teenage brain to a vehicle with a good accelerator but a weak brake — a combination that is bound to lead to a crash. Steinberg meant the comparison figuratively, but a rash of juveniles stealing vehicles from dealerships made the metaphor seem like a prediction. Most of the thefts involved high-speed joyrides resulting in crashes, some of which led to fatalities.

Where Are the Crimes Happening?


In Pinellas, FL, the problem is reaching epidemic proportions. The Tampa Bay Times found that a teen crashes a stolen car every four days in the county. In 2015, police made 499 felony arrests for auto theft — that’s more than in Los Angeles. Most recently, there was a highly publicized incident in which a 14-year-old and two 16-year-olds stole an SUV from a dealership. The teens later died in a fiery crash following a police chase. A fourth teenager who was in the vehicle at the time of the crash was hospitalized.

But while Pinellas County is a hotbed for thefts, that doesn’t mean that other parts of the country are immune. Dealerships in the Chicago area, for example, have been repeatedly targeted by teens
(a problem that is made worse by dealership employees habitually leaving keys in vehicles). Young thieves have also stolen vehicles from Hemet, CA and Brooksville, FL.

Why Does a Thief’s Age Matter?


While some parents have begged for harsher penalties for juveniles who have stolen cars, that is not always the case. Some child advocates are leaning on the “immature teen brain” defense, saying that a person’s brain is not fully developed until around age 25. Before then, juveniles are likely to take more risks and are susceptible to peer pressure. It’s worth noting that in most reported cases of juvenile vehicle theft, two or more teens typically worked together, indicating that peer pressure played a role in the crimes.

According to the immature teen brain argument, juveniles shouldn’t be held fully responsible for their crimes because of their inadequate self-control and reasoning ability. In one notable case in Ontario, Canada, two teens who had been smoking marijuana and drinking stole a vehicle from a local dealership and body shop. The keys had been left in the car’s ashtray, making it an easy heist. During a joyride, the teens crashed the car, leaving the passenger with a severe brain injury.

The crash led to a trial in which the judge ruled that the dealership had a duty of care to the injured teen. The jury reasoned that the dealership should have anticipated that leaving keys in unlocked cars on the easily accessible premises might tempt minors to go joyriding in the vehicles and injure themselves — especially considering that there was evidence of theft in the area. In the end, the jury assigned 37 percent liability for the teen’s injuries to the business and 10 percent to the teen himself.

How Should You Protect Your Dealership?


In its annual report on vehicle theft, the National Insurance Crime Bureau (NICB) said that “technology is working [to reduce theft], but complacency can defeat it.”

You might have cars with advanced security features or a security system at your dealership, but these precautions are all but useless when you make simple mistakes like leaving keys in unlocked vehicles. You can’t afford not to implement proper physical security measures, which includes securing keys. In addition, make sure you have an audit trail of key usage to demonstrate that you’ve taken reasonable efforts to exercise duty of care in protecting your inventory and community.

If the trend of juvenile thefts continues, we could see more dealerships being held liable for a stolen vehicle involved in a fatal crash or used to commit crimes. Don’t let poor security put the brakes on your business.

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