Who’s Liable if a Student Driver Is Involved in an Accident?
If a student driver is involved in an accident, they may be held liable for damages. Depending on the situation, the driver‘s parents and other parties may also be responsible for your injuries and losses.
If you’ve been hurt in a crash caused by a student driver, you’re probably in pain and wondering who should be held liable for your pain, medical bills, and other struggles.
Fortunately, a dedicated Lafayette car accident lawyer can investigate your accident and determine who should be held accountable. Let’s take a closer look at who is liable if a student driver is involved in an accident and how a skilled lawyer can help you obtain fair compensation.
When Can a Student Driver Be Held Liable for an Accident?
Even though student drivers are inexperienced, they can still be held legally responsible for accidents they cause. If the student’s actions behind the wheel directly caused the crash, they may be liable. Forms of negligence that can lead to legal responsibility include speeding, running a red light, or failing to yield.
In many cases, all drivers, regardless of experience level, are held to the same standard of care. In other words, just because someone only has a driver’s permit doesn’t mean they are shielded from liability. However, if the student is underage and uninsured, other parties may be held accountable.
An experienced lawyer can investigate the incident, determine who should be held liable in an accident involving a student driver, and pursue the compensation you need to cover your losses and get back on your feet.
The Student Driver’s Parents May Be Held Responsible for Your Injuries and Losses
If you’re wondering who’s liable when a student driver is involved in an accident, it’s important to consider the fact that parents can be held liable for teen driving accidents in Louisiana. In many cases, a parent or legal guardian must sign a form accepting financial responsibility before a teen can receive a learner’s permit or driver’s license.
Doing so makes the parent or guardian potentially liable for any harm caused by the student driver. This is known as “vicarious liability,” which is a legal doctrine that allows accident victims to sue the at-fault party’s parent even if they weren’t in the car or involved in the crash.
If your car accident lawyer finds that the parent or guardian of the student driver should be held responsible for your damages, they’ll file a claim with the parent’s auto insurance policy and negotiate a settlement that meets your unique needs.
The Driving Instructor or Driving School May Be Held Liable
A driving instructor or school may also be held liable when a student driver is involved in an accident. If a licensed driving instructor or professional school was supervising the student driver at the time of the crash, liability may fall on them or their employer.
During driving lessons, instructors have a duty to monitor their students’ behavior and intervene when necessary. For example, if the instructor failed to hit the dual brake to prevent a collision, they may be held responsible for the incident.
If your attorney finds that the instructor or driving school is liable, they’ll file a claim with their commercial liability insurance policy.
How a Trusted Car Accident Attorney Can Help
Determining who’s liable for an accident involving a student driver can be complicated. The good news is that you don’t have to handle the legal process by yourself. An attorney can manage every aspect of your claim, so you have the time you need to rest and recover from any injuries you may have sustained.
Here’s what an attorney can do to get the results you deserve:
- Investigate the crash and analyze police reports, crash scene photos, witness statements, and other forms of evidence
- Determine who was driving at the time of the collision and whether the student had a valid permit or license when the incident occurred
- Identify all potentially liable parties, including the student driver, parents, driving instructor, driving school, or vehicle owner
- Request insurance information from each involved party to locate all applicable auto insurance policies
- Review state laws regarding parental liability and ensure your case is as strong as possible
- Calculate your damages, including medical bills, lost wages, pain and suffering, and future care needs
- Communicate with insurance companies, present evidence of fault to involved parties, and negotiate a settlement
- File a civil lawsuit if insurance negotiations fail or if coverage is denied
- Fight for your compensation in court
- Explain who is liable if a student driver is involved in an accident, and answer any questions you have about your case
Schedule a Free Consultation With a Knowledgeable Attorney
If you’ve been hurt in a car crash and are wondering who is liable when a student driver is involved in an accident, reach out to our firm for help. At Laborde Earles, our attorneys have over 350 years of combined personal injury experience and have won over $1 billion in damages for accident victims like yourself.
We are Louisiana Attorneys That Care and fight for every last cent of compensation you’re owed. Contact us today to schedule a free consultation with a skilled attorney and get started on your case.
We’ll meet with you to discuss your accident, answer any questions you have about liability and pursuing damages, and explain the steps we’ll take to win your case.