Student drivers need as much road practice as possible if they are going to improve their driving skills and learn to operate a motor vehicle as safely as possible. Unfortunately, student drivers may also be at risk of causing severe collisions while learning how to drive. If you have suffered serious injuries in a student driver car accident, you may be wondering who is responsible.
Your dedicated North Charleston car accident lawyer with Shelly Leeke Law Firm will review the specific circumstances of your case to determine whether the student driver, their driving instructor, or even the driving school is to blame. Once we have a better idea of who is at fault, we can figure out our next steps. You can rely on our team to do everything possible to assert your right to maximum compensation for your damages.
Liability for a Car Accident Involving Student Drivers Depends on the Circumstances of Your Case
Establishing liability in student driver accidents is essential. The only way most injury victims can recover compensation is by proving that someone else is responsible for causing the accident. This is true whether you are filing a claim with the insurance company or bringing your case to court.
Since South Carolina follows fault-based insurance laws, you will generally file a claim with the liable party’s insurance provider first, followed by pursuing a personal injury lawsuit to recoup any damages insurance does not cover. For this reason, your personal injury lawyer in North Charleston must identify the at-fault party. There are often multiple parties that share blame for student driver car accidents, including the following parties:
When the Student Driver Is at Fault
Student drivers are often at an increased risk of being involved in a collision because of their lack of driving experience. However, the only way student drivers can gain that experience is by practicing on the roadways. No one expects student drivers to be experts, but they still must operate the vehicle in a safe manner at all times.
This means when student drivers fail to drive safely or otherwise engage in negligent or reckless behavior while driving, they can be held accountable for the injuries victims endure if the student driver causes a collision. This might include distracted driving, driving under the influence of alcohol or drugs, failing to use turn signals, driving over the speed limit, and more. However, in most cases, student drivers will not be held solely responsible for the injuries victims sustain.
If the student driver is on their parent’s auto insurance policy, you may have the option of filing a claim with their insurance provider. The student driver’s parents could also share responsibility if they failed to provide necessary oversight while their student driver was operating the motor vehicle. Any damages the insurance company does not compensate you for may be sought after when you file a personal injury lawsuit against the student driver or their parents.
When the Driving Instructor Is at Fault
Driving instructors are also found liable in many student driver car accidents. The driving instructor is tasked with intervening in case of an emergency, preventing the student driver from engaging in dangerous driving practices, and keeping an eye out for hazardous conditions on the roadways. When driving instructors fail to uphold these responsibilities, and the student driver causes an accident, the driving instructor may be partially responsible for the injuries you sustain.
When the Driving School Is at Fault
In addition to pursuing claims against these student drivers and their driving instructor, you may also have the right to take legal action against the driving school. Most often, this occurs when the driving school has rules and regulations in place that lead to unsafe or negligent driving practices. Driving schools employ driving instructors and are responsible for the instruction and lesson plans of student drivers.
For this reason, filing a claim against the driving school may be appropriate if they failed to do their due diligence before hiring driving instructors, failed to properly maintain the student driver’s vehicle, or through vicarious liability. Your personal injury lawyer’s comprehensive investigation into your student driver car accident will determine whether the driving school in question shares the blame. If it does, they can be included as part of your claims against the student driver, their parents, or the driving instructor.
Steps to Take After Getting Hit by a Student Driver
After being struck by a student driver, there are some essential steps you should take if you hope to build a powerful case against the liable party from the start. Dealing with the insurance company and filing a civil claim may be the furthest thing from your mind. However, when you take the following steps after a student driver car accident, you can protect your right to compensation and limit the defense’s opportunities to unjustly reduce your settlement:
- Contact the police and EMTs
- Request the student driver’s insurance and driving school information
- Take photos of property damages, including damage to all involved vehicles and buildings
- Take photos of your injuries
- Obtain a medical evaluation and treatment
- Reach out to a respected car accident attorney to discuss your options and talk over the legal details of your case
In the aftermath of the accident, if you are unable to collect evidence or do anything other than wait for an ambulance to arrive, do not worry. Your legal advocate will conduct an in-depth investigation to obtain the evidence needed to prove liability based on a preponderance of the evidence. Once we show the elements of negligence have been met, the jury should return a verdict in your favor.
Connect with Shelly Leeke Law Firm Today for Help from a Top-Rated Car Accident Law Firm
Collisions involving student drivers can be more complex than standard motor vehicle accidents. However, that does not mean you should not take legal action and fight for the compensation you are entitled to. Whether the student driver, driving instructor, or driving school is responsible, your dedicated car accident lawyer with Shelly Leeke Law Firm will be by your side to ensure justice is served.
Are you ready to take action on your student driver car accident claim? Fill out our online contact form or call our office to request a free, no-obligation consultation. When you have access to the financial compensation you need to start rebuilding your life, you will be glad you did.
