Hit by a Student Driver

Because student drivers lack the experience to drive safely and defensively, other drivers on the road often give them a wide berth. This precaution does not preclude car accidents; however—student drivers still get into collisions, no matter how good their teacher or driving instruction is.

If you experience an accident with a student driver, you may feel tempted to blame yourself for not paying more attention to them. Know that their inexperience does not absolve them of responsibility, though it can make your collision a bit more legally complex.

For accidents like this, let our Somerset County car accident lawyers at Rebenack Aronow & Mascolo L.L.P. tell you what you need to know.

Who Is Liable When a Student Driver Causes an Accident?

If a student driver causes your accident and forces you to collect compensation for any injuries, you need to hold someone liable for your claim or lawsuit. But this process can get complicated.

Generally, you can hold the student driver responsible if they demonstrated negligent behavior while driving. However, New Jersey law also allows you to hold the instructor, parent, or supervising passenger liable in certain cases. For instance, if you can prove that the instructor failed to pay attention to the road or gave incorrect instructions, you could file a claim against them.

Similarly, if the student driver’s parent was supervising their child at the time of the incident, you could hold the parent partially or fully responsible for your collision. The law requires all parents to offer guidance, intervene when necessary, and actively ensure their student follows all traffic laws and drives safely. If they allow their child to speed, run a red light, or otherwise exhibit unsafe behavior, they could bear as much responsibility as their child does for any accident—and perhaps even more.

Does the Instructor’s Insurance Cover Your Damages?

If a student driver causes your collision during an active lesson, the instructor’s or school’s insurance policy may cover your injuries. Many driving schools carry liability insurance, and this policy usually acts as the first line of coverage to cover property damage and medical bills when a student driver gets into a crash.

If the student driver had their parent or legal guardian in the car, however, then the insurance policy of that supervising individual will likely apply instead.

What Happens if the Student Driver Has a Permit?

New Jersey law treats permit holders essentially the same way it treats licensed drivers, at least in terms of traffic laws and liability. If a student driver with a permit violates traffic laws, they may need to pay all the applicable fines that a licensed driver would need to pay.

However, they could face additional legal consequences for their negligence: for example, New Jersey student drivers need to complete the Graduated Driver Licensing (GDL) program to obtain a full license. An accident could extend the period before a student driver with a permit can obtain an unrestricted license.

How Can the Somerset County Car Accident Lawyers Help?

Whether a student driver or a fully licensed adult caused your accident, the experience can still overwhelm you as you try to sort through insurance claims, medical bills, and liability issues. The experienced Somerset County car accident lawyers can help you determine the at-fault party, collect the evidence you need for your case, and pursue compensation to cover your injuries.

Get Legal Help From the Somerset County Car Accident Lawyers at Rebenack Aronow & Mascolo L.L.P.

Trust the Somerset County car accident lawyers at Rebenack Aronow & Mascolo L.L.P. to help you navigate the legal landscape after your collision. Our offices in New Brunswick, Somerville, and Freehold, New Jersey, serve clients throughout Middlesex County, Monmouth County, and Somerset County. Call us at 732-247-3600 or contact us online to schedule a free consultation.