Who Is Liable if I Am Hit by a Student Driver in Texas?

young student driver learning the rules of the road

Learning how to drive can e a particularly stressful time for new learners. Though you may be frustrated when stuck behind a student driver, doing what you can to give them space can help them feel confident. However, when a learning driver hits your car, you may lose the patience you had. While this is frustrating, if you are injured by a student driver, knowing how to proceed is crucial. Luckily, a Houston auto accident attorney can help you navigate this complex situation. Keep reading to learn how.

What Should I Do if a Student Driver Hits My Car?

When hit by a student driver, there are different steps you must take when compared to a traditional accident. Because these drivers do not have licenses, exchanging information can be more complex.

If the student was driving under the guidance of a driving school instructor, you must collect the insurance information of the student and the driving school.

Should the student driver who struck your vehicle be driving with their parent or guardian, you should speak with the adult in the car. They will provide their insurance information so you can file a claim.

Who Can Be Held Responsible?

When you are injured and choose to pursue a lawsuit, you may not know who can be held responsible for the medical bills and damages. Generally, there are three people against who you can file a suit – this includes the student, their parent or instructor, and the driving school that employs the teacher.

Even though they are learning, the student is still responsible to act in a safe manner on the road. If they are driving recklessly, they can be held liable for the damages. Other parties can also be held liable, however.  This includes the student’s parents, even if they are not present at the time of the accident. For example, they could be liable if they allowed the child to act negligently by driving outside of the provisions of their permit. If the student is with an instructor, it is the teacher’s responsibility to ensure the student acts safely.

Should the instructor be held responsible, it is likely that the driving school can also be liable. This is because the driving school has a responsibility to ensure its instructors are properly trained to do their duties. However, a mechanical error with the vehicle can also cause an accident, in which case the school would be liable for failure to perform the necessary maintenance on the car.

When you are injured by a student driver, you may feel hesitant or guilty to file a lawsuit against a teenager. However, it is vital to ensure that you receive the necessary compensation for the injuries you’ve sustained as a result. At the Gonzalez Law Group, we can help you navigate this unique situation to fight for the justice you deserve when you are injured by a student driver.