Accidents and Student Drivers: Who’s Responsible?

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Everyone on the road has been a new driver at one point or another. Anyone who's ever been behind the wheel had to learn how to drive before they could have the experience necessary to navigate the distractions and obstacles that exist on roadways every day. Unfortunately, accidents do happen, and sometimes, they occur when new drivers are still students -- accompanied by their instructors.

Circumstances Vary by Case

It's important to note that -- like most things in law -- your case's unique circumstances could change the outcome of the situation.

Even if the student driver was the one who was negligent, the driving school or the instructor may actually be the parties responsible.

The Student

Of course, student drivers are still learning, and they're
by no means expected to be experts. They are, however, expected to adhere to basic safety rules of the law. These may include:
• Adhering to speed limits;
• Properly stopping at all red traffic lights and stop signs;
• Obeying all laws and regulations in place to preserve other drivers' safety.

If a student driver does not abide by simple laws every driver is expected to observe, they may be at fault.

The Driving Instructor

The driving instructor's main job is to teach the student driver how to navigate the road and understand potential perils. They’re tasked with watching for road hazards and dangerous driving behaviors. Should something seem off, they’re expected to intervene to avoid emergency situations.
If the driving instructor failed to properly assess a dangerous situation and act accordingly, they may be at fault.

The Driving School

There are times when driving schools are found to be at fault. If the student was driving a vehicle owned by the school, and that vehicle was improperly maintained, the fault of the accident may reside with the driving school.
Similarly, negligent hiring practices have allowed accident victims to pursue charges upon both the driving instructor and the driving school.

What to Do When You've Been Hit by a Student Driver

• Gather Information. It is important to gather as much information as possible, including insurance information of the student driver and the driving school.
• Call the Police. It's always best to have an official police report when you've been involved in an accident.
• Take Pictures. Document damage to all vehicles, the accident scene, and any injuries you may have incurred.

ABOUT THE AUTHOR: Greenman, Goldberg, Raby and Martinez
Greenman, Goldberg, Raby and Martinez, located in Southern Nevada, is a law firm that focuses on personal injuries and workers' compensation cases. With over 45 years of experience, this professional legal team specializes in a variety of areas, including car accidents, spinal and head injuries, and wrongful death. With a long history of successful cases, you can feel confident with GGRM representing you and your case. “Your Rights. Your Recovery. Your Future. It Matters to Us.”

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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