Learning to drive is a critical milestone, but it also comes with significant risks—especially for others on the road. When a student driver causes an accident, determining liability can be complicated. Who is responsible for damages and injuries? Is it the student driver, their driving instructor, the driving school, or even the student’s parents? This blog from The Payne Law Group will seek to answer these questions.
Who Could Be Liable When a Student Driver Causes an Accident?
Liability in cases involving student drivers can be complex. In most auto accidents, the driver who caused the accident is liable. However, in the case of a student driver, several other parties may bear partial or full liability, including the student’s instructor, the driving school, or their parents. Here are the most common scenarios.
The Student Driver
Student drivers are learning, but that does not excuse them from responsibility if they cause an accident. Drivers are generally expected to exercise a reasonable level of care on the road. A student driver can be liable for damages if they are found to have acted recklessly, such as ignoring traffic signs, speeding, or engaging in distracted driving.
However, students are often not insured independently. Instead, they are typically covered under their parents’ insurance policy, or the driving school may provide coverage. If the student driver is deemed liable, compensation may be sought through the student’s or their parents’ insurance.
The Driving Instructor
Driving instructors have a duty to ensure that their students drive safely and follow traffic laws. They must be vigilant during lessons, monitoring the students’ actions and preventing dangerous behavior. If an instructor fails to intervene in a dangerous situation or provide adequate supervision, they could be held partially liable for the accident.
For instance, if an instructor doesn’t attempt to prevent a student from running a red light or fails to enforce a safe following distance, they could be considered negligent. Driving instructors are trained to step in when students are about to make errors; if they fail, they may be liable for any resulting injuries or damages.
The Driving School
Driving schools are responsible for hiring qualified instructors and providing well-maintained vehicles for lessons. If an accident occurs due to the driving school’s negligence, the driving school could be liable.
Moreover, many driving schools carry insurance policies specifically for accidents involving student drivers. If the school is found to be liable, compensation may be sought through their insurance. In some cases, multiple parties (like both the student and the school) may share liability.
The Student’s Parents
In certain situations, the student’s parents may bear some responsibility, especially if the accident happened in the family car or if the parents allowed the student to drive unsupervised without a license. If the student is driving a family vehicle, the parent’s auto insurance policy may cover the damages, even if the accident occurred during a supervised driving lesson. However, when the accident involves a driving school vehicle, the liability often falls on the driving school or instructor unless the parents’ actions contributed to the accident.
How to Seek Compensation if A Student Driver Injures You
If a student driver injures you, you have several avenues to pursue compensation, depending on who is determined to be at fault. Here’s how the process typically works:
- File a Claim with the Student’s Insurance: In many cases, the student’s or their parent’s auto insurance policy may cover the accident. Even if the student is not yet fully licensed, they are often covered under their parent’s policy as a learner driver. Contacting the student’s or parents’ insurer is usually the first step in seeking compensation.
- File a Claim with the Driving School’s Insurance: If the accident occurred in a driving school vehicle or due to an instructor’s negligence, the driving school’s insurance policy could be liable for your damages. Most driving schools carry comprehensive insurance policies to cover student driver accidents. The driving school’s insurance may cover property damage and injury claims if the instructor’s negligence contributed to the accident.
- Consider Filing a Personal Injury Lawsuit: When an insurance claim does not cover all of your damages or if there is a dispute about liability, filing a personal injury lawsuit may be an option. Through a lawsuit, you may be able to recover compensation for medical bills, lost wages, and pain and suffering.
- Understand Comparative Fault Laws: In Texas, comparative fault laws may affect your ability to recover compensation. If you are found to be partially at fault for the accident, your compensation could be reduced by your percentage of fault. For instance, if you are found to be 20% at fault, your compensation would be reduced by 20%.
Attorney Scott Scherr can help protect your rights under these laws, ensuring that you are not unfairly assigned fault and receive a fair settlement.
Protecting Your Rights After an Accident with a Student Driver
If you’ve been injured in an accident with a student driver, consulting personal injury attorney Scott Scherr can be essential for understanding your options and obtaining the compensation you deserve. Contact Attorney Scott Scherr today to begin your road to recovery.