At times, student drivers can cause problems when learning to drive with an instructor. As they are learning to drive, the chances of student drivers causing accidents are very high.
If you’ve been involved in such an accident, you might be wondering who should be held responsible for the incident and any resulting injuries. To understand your rights in this situation, discuss your case with a car accident attorney.
This article talks about everything one needs to know after being hit by a student driver.
Who Is Liable If You Get Hit by a Student Driver?
When a student driver causes a crash, the responsibility for the accident could fall on three parties:
- The learner
- The instructor
- The driving school
However, who is liable depends on the specific situation. Insurance companies will look at factors like how much each party contributed to the accident, if they were negligent, and the actions that led to the crash.
Liability of the Student Driver
Even when students are still learning, they are legally required to drive safely and follow the rules of the road. If they are speeding or disobeying traffic signs, they could be held accountable for any injuries caused by their actions.
It’s important to gather evidence right after the accident, such as witness statements, photos, and police reports, to determine liability.
Liability of the Instructor
If you are involved in an accident with a student driver, you might be able to make a claim against the instructor. Instructors are expected to take reasonable steps to prevent accidents. The goal of driver education programs is to let students improve their skills under the guidance of an experienced driver who can teach safe driving practices.
An instructor could be held responsible if they don’t intervene when a student makes a mistake. They could also be liable if they were distracted, like by texting or reading, at the time of the accident, especially if their distraction contributed to the crash.
Liability of the Driving School
Moreover, the driving school itself could be at fault. However, assigning blame to driving schools can be tricky. The school might be accountable for their employee’s negligence, hiring an inadequate instructor, or improper vehicle maintenance.
- Vicarious liability: Driving schools are responsible for supervising and training their employees. This means they are responsible for their employees’ harmful actions if those actions occurred within the scope of their job. You might be able to file an insurance claim or personal injury case against the company if their employees were careless or reckless on the job.
- Negligent hiring: Driving schools could be liable if they fail to conduct proper background checks. If a school hires someone they knew or should have known would be a poor employee, they might be responsible for that employee’s actions.
- Improper vehicle maintenance: You can file a claim against the driving school if the accident was caused by poor maintenance of the vehicle.
However, if your accident involved a student taking a public school driving course, the situation becomes more complex. Public schools have additional protection from liability under the law. You can still pursue compensation, but it might be more difficult.
What to Do If You Get Hit by a Student Driver?
If you’re in a car accident caused by someone else’s carelessness, you have the right to receive compensation for the harm you suffered. This might cover:
- Medical bills from the accident
- Expected future medical needs
- Lost income
- Physical and emotional distress
Accidents with student drivers can be tricky, so it’s important to gather details. Note the names of the student and instructor, and get the driving school’s information. Take pictures, and contact the police as well.
