When a car accident is caused by student drivers, the case might get complicated.
Who will be at fault for this – the student or the instructor?
In this case, you can get your claim by filing a lawsuit against the student driver, but also against the instructor who was supervising the student.
You can also file a lawsuit against the driving school for hiring a negligent instructor or for having a faulty vehicle.
Sometimes the fault isn’t because the student drivers or the instructor were negligent or careless. The accident could happen because of faulty car parts. If that is the case, you should file a lawsuit against the driving school.
Instead to wonder who is at fault, who shares responsibility, and who to file the lawsuit against, get legal help from a Boston car accident attorney.
Lawsuits Against Student Drivers
Filing a lawsuit and compensation claim against the student driver means seeking a settlement from their insurer. You can file a lawsuit stating that the student driver was negligent.
The fact that they were learning how to drive doesn’t free them from being careful and following the traffic rules.
However, most student drivers don’t have their own insurance policy (in most cases student drivers are teenagers). Their parents or guardians will likely have it.
Lawsuit Against the Instructor
You can file a lawsuit against the instructor. They’re teaching the student and are responsible for their potential mistakes. The student doesn’t know how to drive and will do whatever their instructor will tell them.
Even if they don’t, if the student driver makes a mistake, the instructor must react fast and stop an accident.
If the instructor fails to prevent an accident they’re responsible for it. The instructor has insurance, so you can seek a settlement from their insurance company.
The instructor might be negligent, by not paying attention to what the student does and instead is texting, talking on their phone, and fails to react accordingly.
Lawsuit Against the Driving School
If you were involved in a car accident caused by a student driver you can file a lawsuit against the driving school and seek a compensation claim from their insurance company.
However, this is the most complex option.
The driving school does carry responsibility for the work of its instructors. Also, they may be at fault for hiring a negligent instructor who put the student and other drivers in danger.
Also, the student might have caused an accident and the instructor wasn’t able to prevent it because of a faulty learning vehicle. The school has an obligation to keep their vehicles maintained and check them regularly.
If you decide to file a lawsuit against the driving school you have the following options:
- Negligent hiring – You can file a lawsuit stating that the driving school hired a negligent instructor. This is a good reason for a lawsuit. The driving school has an obligation to check the record of their instructors before hiring them. So, hiring a person who had previous driving convictions such as DUI, is a poor choice.
- Vicarious liability – This means that the driving school is responsible for selecting, training, and managing its instructors. A driving school will be vicariously liable even for accidents that weren’t serious and didn’t leave anyone with injuries or property damages. The school is responsible to hire instructors that will manage every situation. Use vicarious liability for a lawsuit, compensation claim, or to file a personal injury lawsuit against the driving school.
- Improper maintenance of vehicles – The driving school must keep their vehicles in impeccable shape. If they fail to do this it means the driving school was careless enough to send the student and the instructor on the road in a car with faulty equipment (bad breaks, or broken headlights).
Such cases seem quite complicated and you might think it would be futile to seek justice. But, you shouldn’t give up on seeking your compensation claim if you were injured or ended up with damages on your property.
Seek a skilled car accident attorney to help you. They will review your case and advise you on what to do next.
Covering your damages, medical expenses and lost wages can be a challenge. Don’t let time slip by and act fast. Our team at Soto Law offers you a free consultation. Let us stand by your side and help you get your much-deserved compensation claim.