Featured News 2012 Student Driver Crashes: Who is Liable?

Student Driver Crashes: Who is Liable?

In most cases, driver's education courses help reduce a teen's risk of a car accident. In these classes, instructors in specially equipped double-brake cars guide your child through a series of streets and teach them how to operate a vehicle in real traffic. While these behind-the-wheel training sessions are certainly helpful for most, it's always a risk to put a new driver inside the car. What happens when a fresh driver emerges onto the road for a real-life driving lesson and ends up in a crash?

Car accidents with student drivers are tricky. If you were the other party in a student driver collision, you may be able to bring an insurance claim or a personal injury lawsuit against the student, the teacher, or the driving school. If you are the student in one of these unfortunate accidents, you may or may not be at fault, depending on the nature of the crash. Whenever you are dealing with a student accident, it is important to contact a local car accident attorney immediately. You will want someone familiar with the legal system involved in this case. At most driving schools, the cars are plastered with bumper stickers that announce that a student driver is behind the wheel. This serves as a disclaimer and warns others out on the road to practice caution when passing or crossing the vehicle. Still, a bumper sticker can't always prevent accidents from happening.

If you were hit by a student driver, then you may be able to seek compensation from the student who was behind-the-wheel. This will depend on the driving student's carelessness, and whether or not he or she was being "negligent." Negligence is normally identified as disregarding traffic signals, speed limits, or legal instructions. Normally if a student driver is with an instructor, negligence is not a possibility. The student is being held accountable by an older adult who is professionally trained to ensure safety out on the road. It is difficult to file these lawsuits because often the child driving does not yet have motor insurance. Normally, a student driver does not even have a learner's permit and is talking driver's education to fulfill requirements towards this goal. While you may be able to get the child's family involved, there is a high chance that he or she will not be considered at fault for the accident, unless he or she was driving recklessly or practicing distracted driving.

You may also be able to file a claim against the instructor who was in the car alongside the student. This is because the instructor is supposed to be teaching his students safe driving. Most driving instructor cars have a second brake on the passenger seat where the instructor can stop the car at any time. If he or she failed to employ this brake, that can be considered an act of negligence. The instructor will normally have a business insurance coverage that would be triggered when you file a claim. If an instructor is texting, talking on the phone, or otherwise distracted during a driver's education lesson, and this results in an accident, he will most likely be to blame. Also, sometimes driver's education instructors will get distracted and spend time talking to their students or reading. When a new driver is behind the wheel, it is important that these driving school employees work hard to pay attention and watch for any dangerous driving.

Last, you may be able to file a claim against the driving school, due to the carelessness of its employees. This is a tough issue to analyze, and will take the expertise of a car accident lawyer. The school may be responsible for the carelessness of staffs, or for hiring an inadequate instructor. If the accident was caused by a defective vehicle, then this is often the driving school's fault for failing to maintain their cars. For example, a car with faulty headlights, bald tires, engine trouble, or dysfunctional brakes could cause a serious collision. Contact a car accident lawyer to discuss your situation today.

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