Car Accident with a Student Driver: Who Is Liable?
Learning to drive is an exciting time for new drivers, but it can also be a little scary. The best way for individuals with a learning permit to learn how to drive is to get on the road. Unfortunately, when people are just learning to drive, the risk of an accident is high.
When a student driver is involved in a car accident, determining liability can be tricky, because there are multiple parties who may be responsible for accident damages. Car accident lawyers at Chanfrau & Chanfrau, serving Daytona Beach, FL, Palm Coast, FL, and surrounding areas, conduct a thorough accident investigation to establish fault so that liable parties can be held accountable for collision losses.
Student Driver Liability
Just like any other driver, a student driver is legally obligated to drive in a safe manner. They must uphold all traffic laws and adhere to posted traffic signs and signals, including posted speed limits. If a student driver is reckless or negligent in their operation of an automobile, and that causes a car accident, they can be held liable for resulting damages.
Student drivers are unlikely to carry their own insurance policy, because most insurance companies do not require it. However, they should be covered under their parents’ insurance policy. Therefore, if a student driver is assigned liability for a crash, damages will likely be covered by their parent’s insurance policy.
Instructor Liability
A driving instructor may also be assigned full or partial liability for a car accident involving a student driver. A driving instructor is responsible for using their expertise and experience to not only teach a permitted driver how to drive, but also to intervene if it is needed to prevent a crash. If a driving instructor fails to intervene or if they are neglectful in properly observing the student driver (for instance, they are texting while the student is driving), they may be held liable for car accident damages.
Driving School Liability
Although it is not as common, it is possible for a driving school to be held liable for damages caused by an accident involving a student driver. A driving school is responsible for training and managing its employees, so they can be found liable if a driving instructor acts negligently, or if they failed to properly train the driver. A driving school may also be liable if they fail to properly maintain a vehicle and a vehicle malfunction causes an accident.
What to do if You Are Involved in a Car Accident with a Student Driver
Evidence is essential in determining liability for a car accident. Daytona Beach drivers who are involved in a collision with a student driver can strengthen an accident investigation by taking these steps after a crash:
- Collect the driver’s license, insurance information, and contact information from the student driver and their instructor
- Write down the license plate numbers of involved vehicles and make note of the name of the driving school
- Collect contact information from accident witnesses
- Take photos of the scene of the accident and accident damages
- Call the police so a report can be filed
- Report the accident to your insurance company
- Contact a car accident lawyer
Contact Chanfrau & Chanfrau
If you have been injured in a car accident involving a student driver and you have questions about liability and compensation for damages, the car accident lawyers at Chanfrau & Chanfrau can advise you on your best course of legal action. To schedule a personal consultation with our legal team, contact our law firm online, or call us at (386) 258-7313.
