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Who is Responsible If I’m Hit by a Student Driver?

Written by Jared Staver

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Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Auto Accidents, Personal Injury


Sometimes, student drivers cause an accident when they are on the road and learning how to drive alongside an instructor. If you’ve been hit by a student driver, you may be wondering whether the driver, instructor, or driving school should be held liable for the accident and any injuries you may have sustained. Read below to learn about your rights after getting hit by a student driver and call a Chicago personal injury lawyer from Staver Accident Injury Lawyers, P.C. at (312) 236-2900 to discuss your case.

Responsibility in a Student Driver Accident Depends on Circumstances

The truth is there is not one clear-cut answer to the question, “Who is responsible if I’m hit by a student driver?” In order to determine who should be held accountable in a car accident involving a student driver’s negligence, you have to understand the unique circumstances of your case. Depending on your circumstances, a personal injury claim may be brought against the student driver, the driving instructor, or the driving school.

When is the Student Driver at Fault?

Although student drivers are not expected to be experts on the road, they are still obligated to drive in a reasonably safe manner on all roads and highways. Therefore, if a student driver fails to adhere to speed limits and traffic signals and disregards other laws and regulations, they may be held liable for their negligent behavior. A personal injury claim can be filed against the insurance policy of the student driver or their parents.

When is the Driving Instructor at Fault?

A driving instructor’s job is to watch for road hazards, put an end to any hazardous driving behaviors, and intervene in the event of an emergency situation. If the instructor fails to uphold these duties and an accident by a student driver arises as a result, they may be responsible.

When is the Driving School at Fault?

In addition to filing a personal injury claim against the student driver or driving instructor, you may have a case against the driving school which may own the car and provide instructors and lessons to the student driver. The driving school may be at fault for an accident caused by a student driver if they have engaged in negligent hiring practices, the vehicle the student was driving was improperly maintained, or vicarious liability is found.

What to Do After Getting Hit by a Student Driver

If you’ve been hit by a student driver, it’s essential that you obtain the insurance information for both the student driver and driving school and take pictures of the property damage on all vehicles involved, the accident scene, and your injuries. Next, visit the doctor to get your injuries evaluated and prevent future complications. Lastly, contact an experienced Chicago personal injury attorney to figure out who may be at fault for the accident and gain an understanding of all of your legal options.

Call Staver Accident Injury Lawyers, P.C. After a Student Driver Accident

Call Staver Accident Injury Lawyers, P.C. at (312) 236-2900 to speak to a Chicago personal injury lawyer if you’ve been hurt in an accident that was the result of a student driver’s negligent actions. We may be able to recover compensation for your medical bills, lost wages, and other damages in a personal injury lawsuit.

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(312) 236-2900
(312) 236-2900
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