You need practice and time in order to perfect your driving skills. However, it’s not uncommon for new teen drivers to think that they are actually more skilled than they actually are.
According to research done by CDC, car accidents are the leading cause of teen deaths in the US. In Massachusetts, approximately 50 teenagers die each year in car accidents. Additionally, teen drivers are more likely to kill their passengers rather than themselves in the event of a car accident.
2,364 teens aged 16-19 were killed in the US in 2017 while 300, 000 suffered injuries in car accidents.
What Factors Put Teen at Risk?
Weekend and Nighttime Driving
According to the CDC, 51% car accidents caused by teens happened between Friday to Sunday and 40% of those accidents happened between 9pm- 6am.
Alcohol Use
It goes without saying that driving under the influence of alcohol is dangerous. Despite this information, 15% of drivers between the ages of 16-20 who got into fatal accidents had a BAC of .08% or higher. This level is illegal in most states for adults aged 21 and above.
Not Using Seat Belts
Young adults and teens rarely wear seat belts according to CDC.
Speeding
Most teens over speed and keep shorter headways.
Inexperience
Older drivers are less likely that teens to underestimate dangerous situations. They are also less likely to make critical decisions that lead to serious injuries.
Learner’s Permit Requirements in Massachusetts
If you are above 15 ½ years old you can apply for a provisional license. The provisions placed on your license include:
- Driving with an adult who is at least 25 years or older and has a valid driving license.
- Not driving with a passenger who is below 20 years old unless an adult who is 25 year or older with a valid driver’s license is in the car with you.
- Not driving between 11pm and 5am
- Taking a driver’s license test if you’ve had your permit for more than 6 months.
You are still expected to obey all traffic laws while you are learning to drive with your provisional permit.
What are the Insurance Requirements?
While you are driving with a provisional permit, your guardian or parent is expected to pay for your insurance and anything that happens while you are driving.
You need to carry minimum liability insurance which includes:
- $5000 for property damage
- $40, 000 for bodily injury per accident
- $20, 000 for bodily injury per person
You have to carry proof of insurance at all times. It’s also expected that a guardian or a parent should be present if an accident occurs in order to guide the teen on what to do.
Who Should be Held Liable if a Learner Gets into an Accident?
If you were involved in such an accident, your options will include:
Filing a Car Accident Claim Against the Instructor
If the driver was in the car with an instructor, you can file a claim against the instructor and the student. An instructor is supposed to be vigilant while they are in the car with the student. If an instructor fails to take necessary steps to intervene during an emergency, then you can hold them accountable.
An example would be an instructor who is on the phone when his student rear ended another car. Had the instructor been paying attention, he would have hit the set of extra brakes to prevent the accident.
Filing a Claim Against the Student
You can file for compensation from the student’s insurer or from the student. The basis of most car accidents is negligence. If they were not driving in a reasonably safe manner and caused an accident, then you can hold them liable for any damages you incurred.
Remember that a student driver still needs to follow traffic rules. If the student driver is a teen, they are covered under a guardian or parent’s insurance policy.
Filing a Claim Against the Driving School
In order for your claim against the driving school to be successful, you have to show at least oe of the following:
- They were negligent by hiring careless driving instructors
- They are responsible for their employees
- They knowingly allow defective vehicles on the road. This applies if the accident was caused by a defect in the car.
Let’s take a deeper look into the above points
Improper Car Maintenance
If a driving school knowingly sends out students in cars that have poorly maintained brakes, bald tires, malfunctioning headlights, etc. and they cause an accident because of the faulty parts, then you are entitled to file a claim against the school.
Negligent Hiring
If a driving school does not take time to do a background check on their employees or at least review their qualifications then you can hold them accountable for their employee’s actions.
Vicarious Liability
The school is responsible for training and managing their employees. Therefore, they can be held vicariously responsible for the actions of their employee’s provided the employee was working within the scope of their job.
You can file a car accident claim against the diving school if the recklessness of their employees caused your accident.
Hiring a Car Accident Lawyer in Plymouth, MA
We cannot predict an accident and they happen when we least expect them. If you have been injured in accident that was caused by a driver with a learner’s permit, you deserve to be compensated.
Hiring the right car accident lawyer in Plymouth, MA, can make a huge difference and can significantly boost the amount of compensation that you receive.
It can be quite a challenge to determine who is responsible for your accident and what actions to take.
At Kevin P Landry Law Offices, we offer free initial consultations to our clients. We will listen to your side of the story and then give you advice on the way forward. If you decide to retain us, we will only charge you after we win your case. We work on cases based on a contingency fee arrangement.
If you would like to book a free consultation with us, you can do so by calling us at 508-746-2700 today.
