Who Is Responsible for a Car Accident with a Student Driver?

By James Roswold | January 28, 2025

Who Is Responsible for a Car Accident with a Student Driver?Teenagers throughout Kansas City and other parts of Missouri often get excited when they reach the age of obtaining a learner’s permit. Before obtaining this permit, they must go through a class, drive a vehicle for a certain number of hours, and pass a test. This ensures they learn how to drive, gain hands-on experience, and become aware of the traffic laws and rules before being released to drive independently.

However, just like with any other learning activity, mistakes and errors are bound to happen. Unfortunately, when these mistakes and errors occur on the roadway, they can lead to a car accident, which can have traumatic and devastating consequences for everyone.

Why do we allow student drivers on the roadway?

In Kansas City, MO, and the rest of the country, it is common to allow student drivers on the roadway. While we certainly could confine these young and new drivers to a certain area, allowing them to drive through neighborhoods, on deserted backroads, and on busy multi-lane highways gives them a chance to see what driving is actually like, develop their skills, and build their confidence.

It can be risky for student drivers to share the roads with other drivers and road users, but the objective is to give them as much real-life practice as possible by an experienced and trained instructor. Once they successfully pass driver’s ed and receive their learner’s permit, they will be allowed to continue driving on the roadway with a parent or adult at least 21 years of age in the passenger seat.

What happens if you crash during a driving lesson?

Crashing during a driving lesson can be stressful, nerve-racking, and startling. These car crashes can lead to many difficulties and challenges as the student driver may be angry with themselves for the crash and even scared to get behind the wheel again. If another driver is involved, they may feel uncomfortable taking legal action against a teenager still learning to drive.

However, when these accidents occur, hiring a car accident attorney is crucial. They can help you dissect the accident, uncover the causes and events that took place, determine whether the student driver or another party is responsible, and obtain the compensation you need and deserve to cover your and your passengers’ losses. While you may want to wait this out and see if you can come to another resolution, the truth is that you should not be responsible for your medical bills and other losses, and you do not have long to make a decision.

Is the student driver’s accident automatically the instructor’s fault?

One of the most common questions from clients involved in a student driver accident is whether the instructor is automatically at fault. Parents usually want to know this when their child suffers injuries behind the wheel of the driver’s education car, and accident victims usually want to know this when they are reluctant to sue the young driver. Regardless of your situation, it is important to know that there is a strong possibility that the instructor is at least partially responsible for the student driver accident.

When the instructor sat in the passenger seat of the driver’s ed car, they accepted the responsibility of teaching, guiding, and watching over the student driver. The instructor ensures that the student follows all traffic laws, stops and slows down when needed, successfully controls and maneuvers the vehicle, and keeps everyone nearby safe during the process. If the student driver is following too closely, driving over the speed limit, or even asking for help, the instructor should take the appropriate action to avoid a crash.

It is important to note that some driver’s ed vehicles come with dual controls, which gives the instructor accessibility to the car and allows them to take control when necessary. This means if it is determined that the instructor failed to pay attention to the road and the student driver’s behavior, did not answer questions or provide assistance, or failed to take over when it was necessary, the accident could be considered their fault.

Can a student driver be held liable for a car accident in Kansas City, MO?

Even though a student driver is unlicensed and inexperienced, they could be held liable for the accident. This typically happens when carelessness and recklessness are involved. For example, if the student driver cut another vehicle off, was speeding, ran a stop sign or traffic light, or was driving while drunk or intoxicated, they could be fully or partially responsible for the crash.

If the student driver is found liable for the accident, you may need to file an accident claim against their parent’s insurance. This is because the student driver does not have a driver’s license, which means they do not have insurance coverage. As a result, the parents are usually responsible, but keep in mind that Missouri has a cap of $2,000 for these situations. If your damages are over $2,000, you may have to file a lawsuit against the student driver.

Can the driving school potentially be liable if a student driver crashes?

There are a few ways that the driving school could potentially be liable for a student driver crash. However, your car accident attorney will need to look deep into the accident and determine what type of role the driving school played. For example, if it is determined that the driving school did not conduct a background check on the instructor, did not make sure that the instructor had the proper experience for the job, or failed to train the instructor before allowing them to begin working with student drivers, they could be liable for the crash.

What if a manufacturing or maintenance issue caused the student driver’s accident?

If a manufacturing or maintenance issue caused the student driver accident, there are a few different parties who could be liable, such as:

  • The driving school: Some driver’s ed vehicles are owned by driving schools. If this is the case, the driving school must ensure the vehicles are routinely inspected, repaired and maintained. If a driving school failed to do this and it resulted in your accident, they could be legally responsible.
  • The vehicle owner: If the driving school rented or leased the vehicle from another person or company, the vehicle owner is responsible for the accident. When a vehicle is rented or leased, the general expectation is that it has been inspected and maintained and will not harm anyone.
  • A mechanic: If a mechanic who was hired to inspect and repair the vehicle made a mistake or failed to perform proper inspections, they could be responsible for the accident. When a mechanic returns a vehicle, it is their responsibility to warn the individual about any risks or state that the vehicle has been repaired and passed inspection. If no risks are mentioned, it is assumed that the vehicle is in good working condition.
  • The manufacturer: The manufacturer could be liable if a part was defective and caused the accident. Defects commonly occur during design and manufacturing and should be caught before the vehicle or part is sold or used.

We have decades of experience advocating for car accident victims’ rights at Kansas City Accident Injury Attorneys. If you need a Kansas City, MO, car accident lawyer by your side, we are ready to assist you. Our team treats each client with compassion, understanding, and respect, which is why we have been ranked as Kansas City’s Favorite Law Firm. Please call our office or submit our contact form to schedule a free case evaluation today. We are available any time at our main office in Kansas City, MO. You may also schedule an appointment at our other convenient office locations in Lee’s Summit, Parkville and St. Joseph (MO), Olathe, Kansas City, and Overland Park (KS).

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