Who Is Responsible in a Car Accident With a Student Driver?

By James Roswold | October 22, 2021

You don’t really want to take action against the driver who struck you. After all, he’s just a kid—he hasn’t even earned his graduated driver’s license yet. But if someone in your car was seriously injured, your insurance isn’t going to cover the medical bills for the rest of his life—and he shouldn’t have to pay for them on his own. So how can you get the payments you deserve after being hit by an unlicensed driver?

Who Can Be Sued in a Student Driver Car Accident?

There are many parties who can be held liable if you suffered a crash with a student driver. Depending on the circumstances, you may need to identify who is at fault for an insurance claim, as well as for your personal injury lawsuit. If you or someone you love suffered a traumatic brain injury or is in a coma after a crash, you may want to seek action against:

The student driver.

Although the driver is not fully licensed, you can still bring a suit against him if careless driving contributed to the accident. Driver negligence can include pulling into traffic without checking blind spots, running stop signs or red lights, speeding, or other reckless actions. You could also get payment from the student’s insurance company for any damage done to your vehicle if he or she is responsible for the crash.

The instructor.

If an instructor was in the car with the student driver, it is possible that he could have played a part in the crash. Not only do professional driving instructors have a duty to ensure that students pay attention on the road, they should also be trained to intervene before the student’s actions cause a collision. If the instructor was on his cell phone or texting instead of paying attention to what the student was doing, you may be able to hold him liable for your injuries.

The driving school.

If the car that struck you is owned and operated by a driving school, there are many ways the school can be held liable for your injuries. First, the school is responsible for its hiring practices, and may be liable if an instructor was intoxicated or medicated at the time of the crash. Second, the school should train all of its instructors before sending them out on the road with inexperienced drivers. Lastly, the driving school has a duty to properly maintain its vehicles. If the vehicle that struck you was malfunctioning at the time of the crash, the school’s negligence may be responsible for the accident.

In order to find out who was negligent in your accident case, you will need to have the circumstances of the crash investigated as soon as possible. Our attorneys have experience tracking down witnesses, getting copies of police reports, and examining accident scenes to provide the court with a complete picture of what happened in your crash.

Have You Been Injured In A Kansas City Area Car Accident?

From our headquarters in Kansas City, we serve all of Kansas and Missouri. We also have offices in Lee’s Summit, St. Joseph and Parkville, MO as well as Overland Park and Olathe, KS available by appointment. Call our office at 816-471-5111, start a live chat today, or use our contact form to schedule your free consultation.

Related Articles

You might also like from our library…