Who Is Responsible If I’m Hit by a Student Driver in South Carolina?

James Law Office, LLC

When you were learning to drive, you likely had a range of emotions from eager to anxious. After all, the open road and a license signify freedom, but it can also be scary to learn the rules of the road. Unfortunately, not all student drivers get the hang of this skill, which can lead to collisions. If you were injured in an accident caused by a student driver, understanding who could be held financially responsible is essential. Keep reading to learn more about this unique circumstance and discover how a Darlington County, South Carolina car accident lawyer can help you navigate this process.

What Steps Should I Take After a Student Driver Hits My Car?

Immediately following any accident, you’ll want to call emergency services. This gives you the opportunity to request a police presence and receive medical attention for the injuries you sustained. You should not leave the scene without obtaining a copy of the police report created if you are physically able to.

If you can, you’ll need to exchange information with the student driver and their instructor. This includes names, phone numbers, and insurance details for the student driver’s parents or guardians and the information of the driving school’s provider.

You should also take as many photos and videos of the accident as possible. These can provide necessary evidence when filing a lawsuit.

Who Can Be Held Liable for Damages?

Generally, three parties can be held responsible when a student driver causes an accident that results in physical injuries and property damage.

The first person who can be held liable is the driver themselves. Despite not having an official license, a student driver must still practice caution when on the road. Though they will make mistakes, causing a significant accident is not a simple “error.” They must not drive recklessly when in the car, even on a learner’s permit.

The next party who can be held liable is the instructor in the vehicle with the student. As the teacher, they are responsible for ensuring the driver adheres to the rules of the road and stepping in as necessary to prevent a collision. If the teacher was not paying attention or was negligent in any manner they can also be held liable for your injuries.

Finally, the driving school that employs the negligent teacher can be held responsible, as they also have a duty to ensure that their instructors receive proper training. If it was found that the teacher was not shown how to perform their duties, or if the school failed to maintain the vehicle and a mechanical issue was the cause of the accident, they can be held responsible.

When injured at the hands of a negligent party, we can help. At the James Law Office, we will do everything possible to help ensure you receive the compensation you deserve. Contact us today to learn more about how we can help you.

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