Case Summary
Location of Incident: Signalized intersection within city area
Driver: 17-year-old female with a G1 learner’s permit
Accompanying Person: Certified instructor employed by a licensed driving school
Vehicle Ownership and Insurance: Vehicle owned by the driving school, covered under a commercial driving instructor insurance policy
Accident Details
The learner attempted a left turn under the instructor’s direction.
A vehicle traveling straight at approximately 50 km/h entered the intersection just after a signal change.
The learner misjudged the distance and speed of the oncoming vehicle and made an unsafe left turn.
As a result, the front-right bumper of the straight-oving vehicle collided with the mid-left side of the training vehicle.
The training vehicle spun halfway and struck a curb before coming to a stop.
One passenger in the other vehicle was diagnosed with a minor whiplash injury.
Legal Issues and Grounds for Judgment
Was the learner’s misjudgment the direct cause of the accident?
Legal basis: Principle of "Straight-Going Vehicle Has Right of Way at Signalized Intersections"
A vehicle turning left must yield to oncoming traffic unless it is safe to proceed. This duty applies equally to learner drivers.
Was the instructor also at fault for failing to intervene?
Legal basis: Common law principle of Duty of Care, supported by relevant case precedent
The instructor had the opportunity to apply the dual brake system and failed to give clear verbal warnings, despite the apparent risk. This omission constituted a breach of duty.
Does the insurance policy cover the instructor’s share of fault?
Legal basis: Insurance law and Subrogation Principle
While commercial auto insurance for driving schools typically covers damages arising from supervised practice, the insurer retains the right to seek recovery from a negligent third party (in this case, the instructor).
Court Findings
Learner’s Fault – 60 Percent
The learner made a left turn immediately after a signal change, misjudged the speed and distance of the oncoming vehicle, and failed to yield. As a novice driver, she was held to a heightened duty of caution and was found to be primarily responsible for the collision.
Instructor’s Fault – 40 Percent
The instructor did not issue a stop command or apply the dual brake system, despite the visible risk. The court concluded that the instructor failed in their duty to actively prevent the accident and shared responsibility for the outcome.
Insurance Coverage
The driving school’s commercial insurance covered the full cost of property damage and personal injury. However, the court acknowledged the insurer’s right to pursue reimbursement from the instructor for the 40 percent portion of fault assigned to them.