Driving schools are trusted to guide new drivers safely, but when instructors fail to follow basic safety protocols, the results can be catastrophic. In a case handled by Cook, Barkett, Ponder and Wolz, a student driver’s failure to yield caused a serious collision that left our client with significant injuries. Through strategic discovery and expert collaboration, CBPW proved that the driving school itself was responsible for creating the dangerous conditions that led to the crash.
The Collision: Student Driver Turns Directly Into Oncoming Traffic
Our client was traveling on a public roadway when a student driver, accompanied by an instructor, attempted to turn across two lanes of traffic. The student failed to yield and turned directly in front of our client, causing a near head-on collision. The impact left our client with serious injuries, including:
- A concussion
- Neck pain
- Ongoing symptoms requiring extensive treatment
But what discovery revealed next made the case significantly more troubling.
Discovery Exposes Driving School Negligence
During litigation, CBPW uncovered multiple failures by the driving school- failures that directly contributed to the collision and violated the most basic principles of safe driver instruction:
1. No Passenger-Side Brake Installed
Despite conducting on-road lessons with inexperienced drivers, the instructor had no secondary brake to intervene or stop the car in an emergency.
2. Inadequate Training on High-Risk Maneuvers
The student had not been properly taught how to safely cross two lanes of traffic — one of the most dangerous maneuvers for new drivers.
3. Instructor Allowed an Inexperienced, Disabled Driver Full Vehicle Control
The instructor permitted a driver with limited experience and known impairments to make a complex judgment call without providing any correction or guidance.
4. Instructor Took No Preventive Action
Even as the student initiated a hazardous turn into oncoming traffic, the instructor:
- Did not correct the student
- Did not verbally warn the student
- Had no brake system to intervene
- Allowed the collision to occur unprevented
These failures created clear safety risks that could have been avoided with proper instruction and equipment.
Proving Negligence Without Specific Driving School Regulations
Driving schools are not governed by specific statutory regulations. However, CBPW overcame this challenge by:
- Retaining qualified experts to establish the industry standard of care
- Demonstrating how the school deviated from basic safety practices expected of professional instructors
- Showing that even minimal safety protocols, such as a passenger brake, would have prevented this crash
Through expert testimony and thorough discovery, CBPW proved that the driving school’s negligence, not just the student driver’s inexperience, caused the collision.
Strategic Litigation Leads to a $400,000 Settlement
Once depositions exposed these failures, the defense recognized the strength of the case and requested early mediation.
At mediation, CBPW secured a $400,000 settlement, ensuring the client received meaningful compensation for medical care, pain, long-term effects, and the disruption caused by the crash.
CBPW: Supporting Attorneys in Complex Discovery & Expert-Driven Cases
This case highlights the value CBPW adds when litigation requires:
- Intensive discovery
- Expert collaboration
- Reconstruction of training or procedural failures
- Development of industry-standard safety arguments
We are proud to support fellow attorneys who bring us in to help maximize value in challenging, expert-heavy cases.
When Negligence Puts the Public at Risk, CBPW Steps In
Driving schools are responsible for protecting students, instructors, and everyone on the road. When they fail, we hold them accountable.
If you are handling a complex injury case involving serious discovery demands, expert testimony, or disputed liability, CBPW stands ready to assist.
Contact Cook, Barkett, Ponder and Wolz today to discuss a case or referral.
We fight to uncover the truth, and we fight to win.