What If a Driver’s Education Student Causes a Car Crash?

When an individual is first learning to operate a vehicle on the road, they may attend a driving school where an instructor teaches them the rules of the road. Driving school helps student drivers to gain more confidence while building their behind-the-wheel skills. Many driver’s education student drivers are on the road learning how to drive, and we all remember how nervous we were when we first got behind the wheel. Student drivers make many mistakes, but driving schools help ease some of that inexperience. Knowing you have someone in the passenger seat who can take over at a moment’s notice is a relief. However, what happens when a driver’s education student causes a car collision? Who is responsible for bodily injuries and property damage? It ultimately depends on the circumstances of the car collision. Since the student driver only uses a learner’s permit, there is a lot of room for error and legal repercussions.

If a driver’s education student causes a car accident in Maryland, multiple parties could be held liable, including the student, the student driver’s parents or guardian, the instructor, the driving school, or the owner of the vehicle:

• The student – The student could be at fault if they were driving recklessly, such as ignoring road signs or the instructor’s directions. They could also be at fault if they were distracted by a cell phone.
• The student driver’s parents or guardian – The student driver’s parents or guardian may be responsible under a negligent entrustment theory if they knew (or should have known) their teen driver was a danger on the road and let the teenager drive anyway.
• The instructor – The instructor is responsible for supervising the student driver and preventing dangerous driving. If they fail to do so, they could be held liable.
• The driving school – The driving school is responsible for providing safe vehicles and hiring qualified instructors. If they fail to do so, they could be held liable.
• The owner of the vehicle – If the vehicle is not owned by the driving school, the owner could be held liable.

If you are injured in a car crash involving a driver’s education student, you will need to show that the driver’s education student was negligent, meaning they were not driving in a reasonably safe manner. The Law Offices of Larry B. Litt explain more about a car crash claim involving a student driver and how injury victims can seek compensation for their damages.

Unsure who to file your car collision claim against or if you even have a claim? You can find out for free by calling our law firm right now. Our legal team is available 24/7/365 to discuss your case and go over all options.

Ge answers to your questions and learn about your legal options. If you choose to hire our services, there are no upfront costs to pay. We do not get paid unless we recover compensation for your damages.

In Maryland, you have three years from the date of the car crash to file a claim. It is important to act quickly, as witnesses’ memories may fade and reports may be lost.

Can a Driver’s Education Student Be Liable for a Car Crash?

Driver’s education students must complete several steps before getting a learner’s permit in Maryland, including taking and passing a written test. This process helps to ensure student drivers gain a solid understanding about road safety and state traffic laws before getting behind the wheel.

Despite their inexperience, however, student drivers still owe a duty of care to others on the road. This duty requires them to take steps to prevent causing harm to others including drivers, bicyclists, and pedestrians.

Some examples of how a driver’s education student may be held liable for causing a car wreck:

• Ignoring road signs or traffic signals – Student drivers are not excused from traffic laws
• Texting and driving – Even using voice commands is risky for novice student drivers
• Following too closely – Tailgating is illegal and could cause a rear-end collision
• Speeding – Exceeding posted speed limits could cause a car accident and result in a ticket

What about the driving instructor? If the student was driving negligently, could the instructor be responsible for the car crash?

Could the Instructor Be Liable if a Driver’s Education Student Causes a Car Collision?

It depends on events leading up to the car crash, but very likely, yes. Instructors are there to correct student drivers and ensure they learn how to drive safely and correctly. Instructors are responsible for ensuring student drivers are following traffic laws and obeying traffic signals. Even if a student driver commits a driving error or traffic violation, instructors are supposed to be prepared to take over and help prevent a car accident. Most driving schools equip vehicles with an additional brake and steering wheel to take over when the student driver is in danger or endangering others. Professional driving instructors have training in taking over during emergencies. The driving instructors must use their experience to avoid incidents and teach.

For example, if a student driver was following too closely behind another vehicle and that vehicle suddenly stopped. In that scenario, the instructor would be expected to use the dual controls and apply the brakes to avoid striking the vehicle in front.

Even if the driving school’s vehicle does not have dual controls, the instructor could still be liable for being inattentive. Had the instructor not been negligent in this way, he or she could likely have corrected the student driver before there was a crash risk. When an instructor does not take over in an emergency, they are liable for the accident. Depending on the circumstances, they can bear full or share responsibility with the student driver.

Could the Driving School Be Negligent if a Driver’s Education Student Causes a Car Accident?

It is possible, but it depends on the factors of the case. Aside from the student driver and the instructor, the driving school can also hold liability, and drivers can file a claim against them for several reasons. These insurance claims are much more complex than holding the student driver or instructor responsible for your losses. There are three reasons for which you can potentially sue the driving school for negligence. They can be liable for negligent hiring, defective vehicles, or vicarious liability.

Driving schools must run background checks and vet their employees before they allow them to begin instruction. If they do not check the person’s background and work history, they can face a claim for negligent hiring. If an investigation finds that the driving school did not look in to the instructor’s driving background properly, they are responsible for the employee’s careless actions during an auto accident. As a driver’s education student accident victim, you must have a Maryland car accident attorney investigate the collision and look in to the instructor’s credentials.

Driving schools have special vehicles with equipment meant to help instructors take over and correct the careless actions of students. The driving school is liable if an instructor attempts to avoid an auto crash but cannot because there is a malfunctioning brake or steering wheel. The vehicle cannot be on the road if it has a faulty part. The company is liable for vehicle maintenance and ensuring safety for its instructors and student drivers.

Lastly, you can file an insurance claim against the driving school for vicarious liability. Driving schools must look in to their employees’ backgrounds and provide adequate training. Suppose the instructor was within the scope of their employment and did everything possible to prevent a car collision, but because the school did not train the instructor well, he or she could not help the student driver prevent the car crash. In this case, the driving school may be held partially responsible for paying an insurance claim.

Claims Against the Student Driver’s Parents or Guardian

Many student drivers are teenagers learning how to drive with a learner’s permit. Parents or guardians can be legally and financially responsible when their learner driver causes a car accident under different legal theories. Some states have vicarious liability laws that hold parents responsible for their teens’ negligence. The purpose of these laws is to allow an injured person to sue someone who can foot the bill (directly or through an insurance company) for their damages and losses.

Parents may also be responsible under a negligent entrustment theory if they knew (or should have known) their teen driver was a danger on the road and let the teenager drive anyway. For example, let us say Sarah is a 15-year-old student driver who is logging practice hours in her parents’ or guardians’ car. Sarah’s parents know that she has already gotten into a fender bender in a parking lot and has been ticketed or running a red light. Still, they allow her to drive to a concert with her 18-year-old cousin. If Sarah causes an auto accident while on the way home from the concert, Sarah’s parents or guardian will likely have to pay for the injuries and losses she causes because they carelessly allowed her to drive their car when they knew she was not yet road ready.

Finally, some states have laws that require parents or guardians to agree to accept responsibility for a minor teen’s driving when the teen applies for a learner’s permit or driver’s license.

The best way for parents or guardians to protect themselves is to add teen drivers to their car insurance policy.

Taking Legal Action

Determining fault in a car crash involving a student driver can be complicated. With all these possible legal claims that could be made against the driving school, driving instructor or student driver, it could still be a little tricky trying to figure out who is responsible and the appropriate legal course of action to take. Speaking with an experienced personal injury attorney at the Law Offices of Larry B. Litt will enable you to understand the possible options and most importantly, ensure your legal rights are well-protected.

You may be hesitant to file a claim against a student driver. You may want to cut them some slack as they are bound to make mistakes as they are learning how to drive. However, it is imperative to take legal action to recover reasonable compensation for your medical bills, lost time from work, property damage, and pain and suffering. Allow the Law Offices of Larry B. Litt to ease the burden of filing a claim and proving your case. Contact us today at 443-844-1528 for a no-strings attached consultation to discuss your possible legal options if you or a loved one is in an accident involving a student driver.