Who is liable for an accident involving a student driver in California?

student driver with instructor

Having been injured in an accident caused by a student driver, you may feel like you are in a predicament. This may be because you feel hesitant to pursue legal action against a student driver who is unlicensed as they are bound to make some mistakes as they learn how to drive. However, if their negligence caused an accident where you sustained serious injuries, you deserve reasonable compensation for your damages. When an accident involves a student driver, determining liability can be complicated as several parties could be responsible for the cause of the crash. Please continue reading to learn who may be liable for a student-driver collision and how our determined Santa Clara County Car Accident Attorneys can help you navigate your legal options today.

Who is liable if I’m hit by a student driver in California?

The following parties may be responsible for an accident involving a student driver:

  • The student driver. Although unlicensed, when student drivers operate a vehicle, they are expected to drive safely and exercise reasonable care to prevent serious accidents and injuries. Student drivers are expected to abide by the rules of the road. If they are found negligent, they can be held liable for a collision. For instance, if the student driver was disobeying traffic signals or failed to obey the speed limit, they could be held liable for any damages that occur as a direct result of their negligent actions.
  • The driving instructor. Driving instructors are responsible for keeping student drivers safe by paying close attention to the road to prevent collisions. Driving instructors are expected to teach student drivers how to safely and properly operate a vehicle. In addition, they are responsible for taking the necessary steps to intervene in the event of an emergency to prevent an accident. If a driving instructor does not take the necessary steps to prevent an accident or fails to pay attention to the road alongside a student driver, they can be held liable for damages.
  • The driving school. In some cases, the driving school may be responsible for an accident. The driving school is responsible for hiring a qualified driving instructor and providing student drivers with safe vehicles. In addition, the driving school is responsible for training driving instructors.  They are also responsible for providing student drivers with vehicles that have had regular maintenance checks and have no faulty parts. If the driving school fails to hire qualified driving instructors and fails to provide student drivers with safe vehicles, they can be held liable for any damages that occur as a direct result of their negligence.

In the unfortunate event that you or a loved one has been injured in an accident involving a student driver, please don’t hesitate to reach out to one of our trusted and skilled attorneys. Our firm is committed to helping our clients seek reasonable compensation for their damages.