Who Do I Pursue if a Student Driver Hits my Car?
Student drivers are a necessary evil. We want to make sure to teach people how to drive before they get on the road. We would want our own children to learn how to drive before they get behind the wheel.
However, most of us avoid student drivers when we see them on the road. Most of the time, they seem to be an accident waiting to happen. They don’t keep up with the flow of traffic, and have no idea how to merge lanes. They really are vulnerable out there on the road.
So, what happens if a student driver does actually hit your car? Student drivers aren’t limited to back roads and tree-lined streets. They’re taken out on major highways, often on their second driving session. Even given the secondary controls of the driving instructor, the odds of a student driver causing an accident are high.
If you’re involved in an accident caused by a student driver, you need to call a San Diego accident attorney right away.
A San Diego Accident Attorney Knows How Common Student Driver Accidents Are
Teem drivers don’t have as much experience as other drivers. In fact, accidents are most prevalent amongst drivers between the ages of 16 and 19. Studies have found that drivers in this age range are more than three (3) times likely to get in an accident than drivers 20 years or older.
The one good thing about a student driver is that there is technically a second driver in the car. But we all know that there are certain times when the instructor is not able to do anything to prevent the accident. It still comes down to the skills and reaction times of the student driver.
To put it into perspective, consider the following:
- In 2016, more than 2,400 teen drivers were killed in car accidents
- In that same year, almost 300,000 teen drivers were treated in the emergency room for injuries caused by a car accident
- Teen driver accidents account for over $13 billion in property damage every year
A San Diego accident attorney is aware of these statistics. They’ll remind the insurance company and a jury, if necessary, of these facts.
Your San Diego Accident Attorney Knows Who to Pursue
There are multiple parties that could be held responsible in a student driver accident. Your San Diego accident attorney will review your case and decide what parties to pursue. Some of these parties include:
- Student driver – The driver is the one person most responsible for the accident. Most student drivers have coverage under their parents’ car insurance policies. So, you may have to file a claim against their mom or dad’s policy for reimbursement.
- The driver instructor – If the instructor is found to be negligent, he could be liable for your injuries. It will come down to how the accident happened, the instructor’s driving history and the particulars of your case.
- The driving school – The school itself could be held responsible for your injuries. There are three theories of liability when it comes to the driving school:
- Negligent hiring – Did they hire an instructor who just wasn’t qualified? Maybe the driver has a terrible driving history. Maybe he has a history of DUI?
- Vicarious Liability – The school may hold responsible simply because they own the company.
- Improve Vehicle Maintenance – If there was anything wrong with the student driver’s car, the school could be responsible. For example, the car may not have working turn signals. Or, maybe the car needed new brakes.
Your San Diego accident attorney will figure out who he needs to pursue. He’ll do the research necessary to make sure the right parties are held accountable.
Contact a San Diego Accident Attorney Today
If you’ve been hurt in a car accident caused by a student driver, you need to contact a San Diego accident attorney today. Your San Diego accident attorney will review your case and let you know how much it may be worth. He’ll file the claims against the necessary insurance policies. And, if need be, he’ll file a lawsuit on your behalf.
Call and schedule your initial consultation today. You can meet with an experienced San Diego accident attorney and see how strong your case is. The consultation is free and you pay nothing until you settle your case. The insurance companies will have attorneys working for them, and you should do the same!