Driving Lesson Accident Claim *
Driving lesson accident claims * arise when a learner driver is involved in an accident caused by the negligence of the driving instructor. Since learner drivers are only coming to grips with road experience they are more likely to be involved in a road traffic accident * due to their inexperience and slower reaction times to errors. Despite a professional driving instructor present in the vehicle accidents can still occur. Although learner drivers have the same duty of care as other road users, drivers should cater extra care for learner drivers and extend their breaking distance between cars.
Law Regarding learner drivers
The law clearly outlines the set of rules and responsibilities both a learner driver and an instructor must obey. It is crucial that when a learner driver is on the road that they are accompanied by a full licensed driver. Without the presence of a fully licensed driver the person is not covered by insurance in the event of an accident. The full list of the responsibilities learner drivers have include:
- Being aged 17 or over
- Hold a provisional licence (learners permit)
- Have a passenger present who has a clean full driving licence for at least 2 years
- Clearly display ‘N’ plates on the front and back of the vehicle
Since the learner driver is new to the rules of the road it is unlikely that any collision that may occur will be at a high speed. The most common cause of driving lesson accident claims * are due to rear-end collisions. Some of the injuries sustained from driving lesson accidents include:
It is important to note that a driving instructor has a duty of care to ensure the learner is driving safely, giving clear direction and observant for any potential signs of danger. If an instructor fails to comply with these duties they may be held liable for the collision. Reasons for their negligence may include being distracted, unqualified instructor or using their phone when they should be concentrated on the road. Driving schools can sometimes be held accountable for driving lesson accidents if they supplied a vehicle that was faulty or considered non-road worthy.
Third Party Involvement
Unfortunately, no matter what way it is looked at, all road users have a chance of being involved in a road traffic accident *. The Road Safety Authorities frequently issue information on guidelines about giving learner drivers the extra road space that they need to feel comfortable on the road. If a third party vehicle tailgates or attempts to overtake the car which does not leave enough room for the learner this could cause a crash. In these circumstances, it may be likely that the car who acted dangerously is held negligent for the collision.
Legal Time Limits
The legal time frames regarding the amount of time you have to make a claim can alternate depending on the scenario. The general guideline for all personal injury cases * is usually that the injured party has a time period of two years less one day from the date of knowledge of your injuries to make a claim *.
Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim. In the situation where a person under the age of 18 is injured the two year period will commence on their 18th birthday. However, a parent or guardian can make a claim on the child’s behalf before their 18th birthday – this is known as the next friend rule.
TELL US ABOUT YOUR CASE
If you have suffered an injury while taking a driving lesson *, our team of personal injury solicitors * in Dublin are available to answer any queries you may have. For a confidential discussion, please call Tracey Solicitors on 01 649 9900 or email firstname.lastname@example.org to tell us about your case.
With over 30 years’ experience as specialist road traffic accident solicitors *, Tracey Solicitors, ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand. You can also visit Personal Injury & Accident FAQ’s for additional understanding. We look forward to hearing from you.