If a student driver causes an accident that has left you injured, you may be unsure of who you can file a personal injury lawsuit against. Unfortunately, there is not one single answer to this question. The answer may vary based on the circumstances surrounding the accident. Here are a few of the people you may be able to bring a claim against if a student driver causes an accident in which you sustained injuries.
The Student Driver
A student driver has a responsibility to drive in a safe and lawful manner while they are behind the wheel of an automobile. If a student driver hits you in a minor fender bender, odds are, you are not going to be able to come after the student driver. However, if the driver was driving erratically, excessively speeding or showing a blatant disregard for traffic laws, you may be able to file a lawsuit against the student driver in most cases, even if the student driver is under the age of 18.
The Student Driver's Parents
A parent can be legally responsible for their minor child's actions. If a minor caused the accident that left you injured, you may be able to sue the student driver's parents. In most states, the parents must ensure that their student driver is insured and covered by their insurance policy, even if they do not yet have a license. If the insurance policy is not high enough to cover your damages, you can go after the parents.
The Driving Instructor
In some cases, the driving instructor can be sued if you are injured in a car accident caused by a student driver. In order to sue the driving instructor, you must be able to show that they were acting negligently, or failing to do their job, and that is what led to your injuries.
The Driving School
The final entity that you may be able to sue following a car accident in which you sustained injuries is a driving school. A driving school has to carry insurance for the vehicles that they have on the road. If the vehicle malfunctioned, or the school has a history of failing to teach children proper driving techniques, you may be able to sue the driving school.
If you have been injured as a result of a student driver causing an accident, you may be able to file a claim against one or more party, including the student driver, their parents, the driving instructor or the driving school. A personal injury law firm can help you determine who you should file a suit against and then proceed to filing that suit so you can work to recover the money that you may be entitled to for your injuries. For more information, contact a personal injury law form, such as Snyder & Wenner, P.C.Share