Who is responsible if someone is hit during the Subject 3 driving test?

[DelMackenzie]

During the driver's license examination, if the test vehicle has no issues and the instructor is not accompanying the vehicle, the student should bear the corresponding responsibility in case of an accident. However, if there are problems during the student's driving learning period, the instructor is responsible. According to Article 20 of the 'Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China,' if a student commits a road traffic safety violation or causes a traffic accident during driving learning, the instructor is responsible. During the process of driving skill training, the student is a non-professional and does not yet have a driving qualification. Therefore, during the learning process, the student cannot fully foresee hidden dangers. Additionally, the driving school and the student have a contractual relationship, and the driving school has an obligation to protect students who have not yet obtained a driver's license. If a student makes a mistake during driving training and the instructor fails to correct it in time, it is considered the instructor's negligence.

[OMariana]

In the issue of liability attribution for hitting someone during a driving test, as a driving school staff member, I've encountered many cases. Most students tend to make mistakes when nervous, and in such situations, both the driving school and the test center must share part of the responsibility—after all, the vehicles are provided by us, and the routes are predetermined. The test center assigns an examiner to sit in the passenger seat, who must mediate in case of an accident. The student, of course, cannot escape liability either; operational errors mean they must bear responsibility. In actual cases, compulsory traffic insurance will cover part of the compensation, but the three parties still need to negotiate and share the losses. To prevent such incidents, I often advise driving schools to choose remote routes for tests, conduct more simulation training, and minimize risks. Additionally, equipment should be upgraded, such as adding a co-pilot braking system that allows the examiner to stop the car immediately. Daily teaching should also emphasize safety essentials, not just technical skills, and students should receive psychological counseling before getting behind the wheel.

[DelSophie]

I used to be a supervisor at the test site and witnessed a collision incident firsthand. That time, the trainee mistook the accelerator for the brake and suddenly rushed onto the road. Fortunately, the injuries were not severe. When handling liability, the testing institution was the first to bear responsibility for compensation, as our inadequate on-site supervision led to the mishap. It's true that the trainee was inexperienced, but we also needed to rely on professional judgment to prevent risks in advance. Later, the insurance paid out, and the shared responsibility inevitably led to disputes among the three parties. To reduce such incidents, I advocate for optimizing the test process by avoiding peak hours and crowded areas, equipping examiners with real-time monitoring tools. Trainees with insufficient skills should undergo retraining instead of being allowed to take the test. Legally, it's crucial to clearly define liability divisions and avoid ambiguity.

[AllisonLynn]

I almost had an accident during my driving test for Subject 3. The examiner quickly stepped on the brake to avoid injuring anyone. I was extremely shaken afterward—if I had hit a pedestrian, I, as the operator, would have been fully responsible. The driving school said insurance could cover some costs, but I would have felt guilty for life if someone got hurt. I advise friends taking the test later not to rush into actual road practice; first, get familiar with the car’s feel within the driving school, and take deep breaths to calm your nerves before getting in the car. Although the examiner may seem strict, they are actually protecting you—they also share responsibility if something goes wrong. Practice basic skills like reversing into parking spaces, and don’t show off by driving recklessly in crowded areas. Safety first is always the truth—take your time, don’t rush, and only hit the road when you’re fully prepared.