All car accidents can cause victims to be overwhelmed and uncertain of their next steps. However, car accidents involving drivers with learner permits are inherently more complex because these drivers are not fully licensed. Are they responsible for the accident? Are you? Is the training driver? It can be a challenge to sort through these potential issues. If you were injured in an accident caused by a driver with a learner permit, consider contacting the car accident lawyers with Hall & Lampros, LLP and request a free consultation. You can reach us at (404) 876-8100.
Georgia Permit Process
According to the Georgia Department of Driver Services (GDDS), teenagers can obtain their learner’s permit as young as 15. Drivers with an instructional permit have restrictions that other drivers do not, including that they must only drive a vehicle with a responsible adult who is:
- At least 21 years old
- Licensed to drive a regular vehicle
- Fit and capable of assuming control of the vehicle
- Sitting in the seat beside the driver.
Additionally, applicants under 18 years of age must present the following when applying for their driver’s license:
- Proof of completion of an Alcohol and Drug Awareness Program
- Proof of school enrollment
- Competition of a DDS-approved driver education program
- Proof of at least 40 hours of supervised driving, with at least six hours of nighttime driving
Potentially Liable Parties
If you are involved in a car accident involving a driver with a learner permit, an experienced car accident lawyer from Hall & Lampros, LLP can investigate whether any of the following parties may be responsible for the harm you have suffered:
The Parent: In Georgia, a parent must sign an affidavit that their child has completed 40 hours of driving, including six hours during the night, and the application itself. The Responsible Adult Affidavit gives the parent the right to revoke the learner’s permit at any time, but it also imposes liability in case the teen causes an accident. Therefore, if an underage driver is responsible for the accident, their parent or the person who signed the Responsible Adult Affidavit may be responsible for the damages the teen caused.
The injured victim will typically file a claim with the parent’s auto insurance carrier for coverage. The parent may have included the teen driver on their policy. However, some insurance companies only require their insured to list the teen on the insurance once they are fully licensed, not when they have a learner’s permit. If the teen was not insured, the victim can consider suing the parents for accountability for the harm they suffered.
The Driver: If the driver was in violation of their permit, driving the vehicle without the owner’s consent, or over the age of 18, the victim may be able to file a claim against the driver with the learning permit. If the victim has legal grounds to sue the teen driver, the victim would sue the parents, who would be responsible for the actions of their underage child.
The Owner of the Vehicle: Georgia law prohibits allowing someone to drive your vehicle on a highway if that individual is not authorized or not licensed for the type of class of vehicle they plan to drive. If this law does not apply to the case, a Georgia common law called negligent entrustment may apply instead.
Negligent entrustment occurs when someone entrusts a dangerous instrument to someone whom they know is unfit to use the item safely. In the case of a car accident claim, a negligent entrustment claim would have to show the following legal elements:
- The owner of the vehicle knew the driver with a learner’s permit was unfit to operate the vehicle safely
- Despite this knowledge, the owner still lent the defendant the vehicle
- But for the inexperienced driver not having the vehicle, the accident would not have occurred
- The victim suffered damages for which he or she can be compensated
A knowledgeable lawyer can review the details surrounding your accident to determine if the owner of the vehicle is responsible for all or part of the accident.
Contact an Experienced Atlanta, Georgia Car Accident Lawyer
If you are involved in a car accident involving a driver with a learner permit, an experienced car accident lawyer with Hall & Lampros, LLP can help. If an unlicensed driver caused the accident, you should not have to shoulder the financial responsibility. An experienced lawyer can evaluate the case, determine all potentially liable parties, review the applicable insurance policies, and negotiate for fair compensation on your behalf. Consider contacting us today at (404) 876-8100 to arrange a free consultation with an experienced car accident lawyer.
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