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.
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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 braking distance between cars.
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:
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.
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 Authority 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.
Following a road traffic accident, whether as a driver, passenger, pedestrian or cyclist, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after a road traffic accident, take a second to assess yourself to determine if you have any injuries. Then check if any passengers or anybody else involved in the accident need medical attention. If you or anyone else involved has sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is important that you gather all the relevant information in connection with your accident:
Regardless of how minor or serious the road traffic accident was, it is important that you call the Gardaí to report the accident immediately.
For minor accidents, the Gardaí may tell you that they will not be attending the scene. In this scenario, the appropriate information should be exchanged. In these cases, it is also important that you visit your nearest Garda station to request that they take details of the accident and to take your statement about the accident.
For more serious road traffic accidents, where an ambulance has been called, the Gardaí may arrive at the scene to assess, take statements from the people involved and any witnesses.
If you are the driver of the vehicle involved in a road traffic accident it is important to inform your own insurance company so they have a record of the accident.
If you are considering moving forward with a road traffic accident claim for any personal injuries sustained it is advisable that you speak with a road traffic accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A road traffic accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or Garda reports, where possible as you will need them when making a claim.
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist road traffic accident solicitor to help you with this.
When you decide you want to move forward with your road traffic accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the road traffic accident claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or Hospital details so he can obtain a report on your injuries. This report will then be used to allow us progress your case.
As soon as your solicitor has gathered all the information, your road traffic accident claim will be submitted to the Personal Injuries Assessment Board for assessment. You solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your road traffic accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
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If you are to proceed with a road traffic accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a road traffic accident.
Special damages are out of pocket expenses incurred as a result of the road traffic accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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