What if I Have A Car Accident with a Student Driver?

Inexperienced drivers are a risk to others on the road because they do not have the seasoning necessary to always operate a motor vehicle safely. The risk is at its most profound when the driver is the newest. Student drivers, even if they are trying to be as safe as possible, may still make mistakes that could lead to serious car accidents. There are several parties who you may be able to hold liable for the crash, after you speak with a car accident lawyer.

Student Drivers Must Have Car Insurance

Nobody can be behind the wheel without car insurance, whether they have a driver’s license yet or not. If the student driver was a teenager who was operating their parents’ vehicle, they must still be insured under their parents’ policy. If the student driver is learning on their own, and they are not living with their parents, they should have their own insurance when they begin to learn to drive. As such, you can file a claim against the driver’s insurance policy seeking compensation from them for the accident.

The Driving School Could Be Held Liable for the Accident

You may be able to file a claim against the driving school if the accident occurred when the student was operating one of their vehicles. The driving school assumes overall liability in certain circumstances. Theoretically, the driving instructor has the ability to take control of the car in the event of immediate danger. Since they are instructing the student who is driving, the teacher also owes you a duty of care. Here, they would uphold that duty by gaining control of the car under dangerous circumstances and preventing an accident.

The driving instructor could be individually liable for damages caused by the accident. However, you may not have much financial incentive to sue them because they may not have the money to pay your damages. The party with the deeper pocket is the driving school. They typically maintain large insurance policies because they have inexperienced drivers behind the wheel of their cars. Accordingly, if the driving instructor could have prevented the accident, but they did not, the driving school would be vicariously liable for the actions of their employee.

Standard Car Accident Rules Apply to Your Case

Student drivers may also cause accidents when they are behind the wheel with their learner’s permit. Here, you cannot sue the driving school for the accident because they bear no responsibility. Still, you can take action against the student driver and their parents. When a parent places a child on their car insurance policy, they assume a level of responsibility for the student driver’s actions. Parents can also be held liable if a child driver was violating the terms of their learner’s permit. If they were in the car with another adult who was not their parent, you may also explore the potential of suing that adult because of their negligent supervision.

Note that a student driver is not automatically liable for all of the accidents that they are involved in solely by virtue of the fact that they do not have a license. No matter who was involved in the car accident, you must be able to prove liability. You have the legal obligation to show that the student driver did something that would be considered unreasonable under the circumstances. The mere fact that they are inexperienced is not negligence on its own. Your car accident lawyer must still gather evidence about the accident to persuade either the insurance company or a jury that someone else should be held liable for the crash.

Washington, D.C., Car Accident Lawyer at the Law Offices of Duane O. King Will Give You the Help You Need

If you have been injured in a crash with a student driver, or any other motorist, speak to the Washington, D.C., car accident lawyer at the Law Offices of Duane O. King. Call us at 888-740-KING (5464) or complete our online form today for a free consultation. We have offices in Washington, D.C., National Harbor, MD, Falls Church, VA, and Durham, NC, and serve clients in the surrounding areas.