Driver’s Ed Car Crashes: Who’s at Fault?
Written by Cooper & Friedman PLLC on June 5, 2023
When you start learning something new, no one expects you to be perfect at it at first – this goes for driving, too. We’ve all been in the ‘student driver’ seat in a Driver’s Ed car, learning the rules of the road and proper driving techniques. But summer is a very popular time for teenagers to complete their hours on the road with an instructor, and sharing the road with a new driver introduces a new perspective. It’s one thing to be the teenager, but another to be sharing the road with new drivers and potentially being involved in a wreck brought on by a simple mistake. And if you’re on the receiving end of it, then who’s at fault for the car crash? What if it was your student driver that caused the crash?
Here’s what you need to know from Louisville, KY’s personal injury and car crash lawyers at Cooper & Friedman, PLLC.
Who Should You File a Claim Against in a Car Crash with a Driver’s Ed Student?
In general, there are usually three people or entities that you can file your insurance claim with:
- The student driver and/or their parents
- The driving instructor
- The driving school
If your property was damaged and you suffered physical and emotional injury from a car crash in Louisville, KY or the surrounding areas, then Cooper and Friedman can help you get the settlement you deserve.
The Student Driver and/or Their Parents
Student drivers must follow the legal rules of the road just as every other driver does, even if they are new. Before Driver’s Ed students take to the road, they complete an instructional course where they learn the different signals, signs, markings, and rules, so they aren’t clueless. If a student is recklessly driving, or being negligent, then they can be held at fault just as other reckless drivers who have their license can. If they don’t have their own car insurance, they’ll likely be covered under their parent or guardian’s insurance.
The Driving Instructor
During on-the-road lessons, driving instructors have a certain duty to be paying attention and to intervene should it be necessary for the safety of the student driver and other cars on the road. If the driving instructor in the car can be proven negligent, then a claim can be filed against them, especially if they had dual controls or neglected to take the necessary steps to prevent an accident from happening. This could be because they were on their phone, not paying attention to the road, gave the student incorrect information, or didn’t correct the student on a mistake that led to the accident.
In some states, the legal ‘respondeat superior‘ theory may be applied to the situation, or “let the master answer,” which puts an employer at fault in the case of an employees action if they were on the clock.
The Driving School
If the driving school failed to protect themselves in the case of an accident, or knowingly accepted the risk of an accident and the financial responsibility in the case of it, then you may be able to file a claim against the school. Besides “respondeat superior,” the school could also be guilty of negligent hiring or improper maintenance of vehicle, in the case of a malfunction being the cause of the accident and not user error. Faulty equipment such as malfunctioning headlights, bald tires, or improperly maintained brakes can be brought against a driving school, but if the vehicle had been properly maintained, then a school may be able to take the claim all the way back to the manufacturer in the case of malfunction.
What if my Child Caused a Car Accident as a Student Driver?
If your child was the one who caused the accident, your insurance should be able to cover the damages; however, if you believe that it was not your child’s fault and was the fault of the instructor, the driving school, or the car manufacturer, contact Cooper and Friedman today to see what your options are. There’s no need to pay for an accident that you or your child did not cause!
If you or someone you love has been injured in a car accident in the State of Kentucky and are in need of an experienced injury attorney or motor vehicle collision lawyer, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of car accident victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.