Who is responsible for an accident during the third driving test?
3 Answers
Before determining liability for an accident during the third driving test, it is essential to distinguish between different scenarios. The details are as follows: 1. First scenario: If the student and the instructor are driving normally and the vehicle itself is not out of control, then if the other driver violates traffic rules, the other party will bear full responsibility. However, if the injured party is a pedestrian, even if they were walking in violation of traffic rules, the student and the driving school will still bear 10% of the responsibility. For the student, this 10% responsibility can be exempted, but the driving school cannot be exempted. 2. Second scenario: If the accident is caused by operational errors by the student and the instructor, then the student and the instructor are responsible. The student can file a lawsuit with the local traffic authorities, pointing out that the accident was caused by the driving school and the instructor. At the same time, road safety laws also have relevant provisions: if there is an instructor or safety officer in the co-pilot seat, even if a traffic accident occurs, the student does not have to bear responsibility, and the instructor or safety officer will be responsible. 3. Third scenario: When accountability is stricter, monitoring personnel will also bear some responsibility. However, no matter what kind of traffic accident occurs, the instructor and safety officer cannot be exempted from responsibility, while the student does not have to bear responsibility.
In the event of an accident during the Subject 3 driving test, liability allocation depends on the specific circumstances. I believe most responsibility falls on the driving school, as the student is still in the learning process, and the training institution has an obligation to ensure safety. The examiner is present to supervise but does not directly control the vehicle—they only assess skills. If the accident is a minor scrape or rear-end collision, the driving school's insurance typically covers repair costs. The student may also bear slight fault, such as operational errors, but due to their lack of experience, their liability is minimal. I recall a friend's test where the steering wheel malfunctioned, but the instructor intervened in time to prevent a major incident. To prevent such situations, it's important to practice simulating test road conditions and stay calm during the exam. If an accident occurs, stop immediately and report to the examiner—the driving school will handle the aftermath to avoid legal disputes. Safety is paramount, so it's essential to build a solid foundation during driving lessons.
In the event of a car accident during Subject 3 (Road Test), I believe the driving school should bear the primary responsibility, as the student is still in the learning phase and lacks independent driving skills. The examiner in the passenger seat is mainly responsible for grading and supervising safety, not bearing full liability. After an accident, the driving school's training vehicles usually have commercial insurance to cover the losses, so students don't need to worry too much about paying for repairs. What's important is to thoroughly check the vehicle's condition before the test and review the route and common risks with the instructor. During my mock practice, I once experienced sudden brake failure, but fortunately, the instructor reacted quickly and regained control. I recommend students practice emergency responses more often and stay focused during the test to avoid distractions. A minor accident might pause the test, but don't stress too much—learn from the experience and retake it. Remember, safety is no small matter; prevention is always better than dealing with the aftermath.
