What do I do if I am hit by a student driver?

     So you were seriously injured in an accident that was caused by a student driver? Depending on the circumstances, there are several people who could be found responsible for the fault of the student driver:

  • The Student Driver: A student driver must operate a vehicle in a reasonably safe manner. A claim or lawsuit can be brought against the student (or their parents if the student is a minor) and their insurance company, if the student was negligent in causing the accident, such a disregarding a traffic signal or speeding. 

  • The Instructor: Many student driving vehicles are dual operated,  allowing the instructor to apply the brakes to avoid an accident. Instructors have a duty to ensure the student is driving carefully as well as a duty to intervene before an accident occurs. If the instructor fails to intervene to avoid the accident, you may make a claim against the instructor and his or her insurance company.

  • ]The Driving School: A driving school must properly train its instructors and can be found responsible for any negligent hiring and training. Additionally, the driving school has a duty to properly maintain their vehicles from any malfunctions.

  • Insurance company for the Driving School and/or covering the vehicle

 Our firm has handled several cases involving a driving school and after reviewing the facts and circumstances of your case, we can help determine who was negligent in causing your injuries and the proper parties to make a claim against. 

- Amanda Morse is an associate at Kiefer rand Kiefer.

This is provided for informational purposes only and not for the purpose of providing legal advice.

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Megan Kiefer