Owner/Partner
Have you ever been in a situation where a student driver is on the road in front of you, and you hesitate to be close to this particular car? This feeling is undoubtedly a common human emotion when faced with an inexperienced driver uncomfortably near you on the road. This student could cause an accident due to inexperience – even with the student driver instructor having the braking mechanism on their side!
In Georgia, liability for car accidents involving student drivers can be complex, as several parties may be involved. Various factors will determine liability in these situations.
Critical Factors in Determining Liability
- Negligence: Like any other car accident case, proving negligence is crucial to determining liability. If the student driver was negligent, they could be held liable.
- Supervising Instructor or Adult: If a driving instructor or supervising adult was present in the car, their role in the accident will be scrutinized. They are expected to exercise reasonable care in overseeing the student driver. If they fail to do so, they might share liability.
- Student Driver’s Age and Experience: The age and driving experience of the student driver can affect liability. Younger, inexperienced drivers may be given some leniency, but they still must adhere to traffic laws.
- Driving School or Instructor Liability: If the accident occurred during a driving lesson, the driving school or instructor might be held liable if it can be shown that they failed to provide proper instruction or supervision.
Parties Potentially Liable
- Student Driver: If the student driver is at fault, they may be liable for damages. However, since many student drivers are minors, their parents or guardians could also be held responsible.
- Parents or Guardians: Under Georgia law, parents or guardians can be held liable for the actions of their minor children under the “family purpose doctrine.” This principle means that if the car was provided for family use, the parents could be liable for the student driver’s negligence.
- Driving Instructor: If the accident happened during a driving lesson, the instructor might be liable if they were negligent in supervising the student driver.
- Driving School: The driving school could be liable if it failed to maintain the vehicle properly or did not provide adequate training and supervision.
- Vehicle Owner: If the student driver was using a car belonging to someone else (not the driving school), the vehicle’s owner might be liable under certain circumstances, especially if they allowed an inexperienced or unqualified driver to use their vehicle.
Steps Involved In The Claims Process
In Georgia, when a student driver is involved in an accident, follow these steps for the claims process:
- Ensure Safety and Call 911: Ensure everyone’s safety and report the accident to the police. Obtain a police report.
- Exchange Information: Exchange contact and insurance details with all parties involved and gather witness information.
- Document the Scene: Take photos and videos of the accident scene and vehicle damage.
- Notify Insurance Companies: If necessary, report the accident to your insurance company and the other party’s insurer. The student driver’s auto insurance (if they have any) may cover the damages. If the student driver is a minor covered under their parent’s auto insurance policy, this insurance could cover the damages. Driving schools typically carry commercial auto insurance that covers accidents occurring during lessons.
- Determine Liability: Insurance companies will investigate to determine fault, which may be shared based on Georgia’s comparative negligence system.
- File a Claim: File a claim with your insurer or the at-fault party’s insurer. An adjuster will assess the damage.
- Repairs and Medical Treatment: Use insurance funds for vehicle repairs and submit medical treatment documents for reimbursement.
- Dispute Resolution: Negotiate if the settlement is insufficient. Consider legal action if necessary.
- Finalize the Claim: Accept a settlement offer to finalize the claim and sign a release form if required.
Takeaway
In conclusion, liability in car accidents involving student drivers in Georgia depends on multiple factors, including negligence, the supervising adult’s role, and the accident’s specific circumstances. Multiple parties may share liability, including the student driver, parents, instructors, driving schools, and vehicle owners. If you have been involved in a car accident involving a student driver, contact our office for legal advice. Gautreaux Law, LLC has highly skilled personal injury attorneys who will help you proceed based on your circumstances.