In Louisiana, individuals can obtain a learner’s permit to drive a vehicle at the age of 15. This permit allows them to drive under certain conditions, typically including being accompanied by a licensed adult driver. Like any new drivers, those with learner’s permits may have a higher risk of being involved in accidents due to their lack of experience.
In 2022, 15-year-old drivers were involved in 123 injury crashes and 3 fatal collisions. Teens between 16 and 17, who also need learner’s permits to drive if they have not earned their full licenses yet, were involved in an additional 2,279 injury accidents and 22 deadly collisions.
If you’re injured by a driver with a learner’s permit, you can still claim damages, just like you can against fully licensed drivers. However, determining liability may be more complex in these cases. Read on to learn about liability in these accidents and how our Louisiana car accident injury attorneys at Dudley DeBosier can help with your case.
Who Needs a Learner’s Permit in Louisiana?
Starting at age 15 and up to age 17, teenagers in Louisiana must apply for a Learner’s Permit (LP) to begin driving. This process is mandated by the Louisiana Office of Motor Vehicles (OMV) and involves the following steps:
- Complete a driver education course at an OMV-licensed school that includes 30 hours of classroom instruction and 8 hours of behind-the-wheel training.
- Obtain and use a Temporary Instructional Permit (TIP) during the course and road skills test.
- Exchange the TIP for a learner’s permit at the OMV after course completion, with no extra fee.
- Provide a signed application from a custodial parent or legal guardian and their identification.
- Drive only under the supervision of a licensed adult who is at least 21 years old or a licensed sibling aged 18 or older.
- Hold the LP for a minimum of 180 days and until they reach 16 (if age 15) or until they reach 17 (if age 16) and apply for an intermediate license.
Does Having a Learner’s Permit Factor into Liability in Louisiana?
If you’re in an accident with an LP driver, it can affect liability in the crash. Since the driver isn’t fully licensed, insurance companies and attorneys may look at the following to determine fault:
- Supervisor’s Role: Insurers will first verify if the supervisor was actively monitoring the learner in the vehicle. If they fail in this duty, such as allowing the LP to drive alone or not instructing the learner properly, they can be held liable for the accident.
- Learner’s Liability: Like any driver, those with an LP can be liable for a collision if they don’t follow traffic rules like speed limits or running red lights. While a supervisor should be there to guide them, a teen driver with an LP is still responsible for acting safely behind the wheel and following the traffic rules they learned when obtaining their LP.
- External Factors: For auto accident claims, external issues like adverse dangerous road conditions, or mechanical failures in the vehicle can also impact liability assessments. For instance, if poor road design or a malfunctioning traffic light led to the crash, the city could be liable rather than the teen or their supervising driver.
Whose Insurance Covers Your Damages?
If the car driver only has a learner’s permit, they may not be old enough to have their own auto insurance policy. Louisiana requires liability insurance for the owner of a vehicle, and most insurance policies cover any licensed driver who is not excluded by the policy.
So, what does this mean for you as the injured party? If you are involved in an accident with a learner driver, the vehicle owner’s insurance is responsible for covering your damages, like medical bills, lost wages, and pain and suffering. However, keep in mind the following potential complications:
- Coverage Based on Authorization: The vehicle owner’s insurance may only cover incidents where the teen driver was authorized to use the car. If the vehicle was taken without permission, it could breach the policy’s terms, leading to a denial of the claim.
- Alternate Compensation Route: If the claim is denied, you may need to seek damages from the learner driver or their family. This can involve legal action to recover costs for your medical needs and other losses in court.
- Uninsured Motorist Coverage: In situations where the teen was driving without insurance, you could seek compensation through your uninsured motorist coverage (UM). If you have this policy, it covers the same damages as a third-party claim, providing you with financial relief after a crash.
Why You May Need an Experienced Car Accident Attorney
Due to the increased complexity of minor-involved auto collisions, having an experienced attorney can help protect your right to compensation. At Dudley DeBosier, our legal team can do the following to support your case:
- Collect evidence like witness statements, GPS data, and surveillance footage to identify who is liable.
- Investigate insurance coverages to ensure you file with the appropriate company and receive all compensation available to you.
- Contact and negotiate with insurers to obtain a fair settlement amount.
- If needed, provide legal representation in court.
Reach Out to Dudley DeBosier for a Free Consultation
Accidents can be traumatic, especially involving a young, inexperienced driver. Dudley DeBosier’s team of compassionate and knowledgeable attorneys can help you estimate your damages and hold the teen and their supervisor liable for negligent behavior that led to your crash.
Contact us today for a free consultation. We can review your legal options and provide the legal assistance you deserve.
Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.