What Happens If You Crash During a Driving Test

June 13, 2024
two persons arguing after a rear-end collision

Driving is a privilege, and obtaining your license is a crucial step in exercising it. But even the smoothest journey can hit unexpected bumps. If you’re involved in an accident during your driving test, legal concerns may cloud your path forward.

Lewis & Castagliola, P.A. is here to help. Our team of traffic law experts understands the intricacies of driving test accidents and their potential consequences. We can guide you through your options and fight to protect your right to get back on the road. Contact Lewis & Castagliola, P.A. today for a free consultation, and let us steer you towards a smooth resolution.

Potential Consequences of Crashing During a Driving Test

Taking your driving test is a nerve-wracking experience, but imagine the stress of accidentally crashing during it!  While collisions are uncommon, it’s important to know the consequences just in case.

Test Failure

If you crash during a driving test, it could lead to an automatic fail. Your examiner assesses your ability to drive safely, and a crash naturally raises doubts.

Rescheduling and Fees

Depending on the severity, you might have to reschedule your test and pay the fee again. Moreover, a crash may prolong your wait time for another test slot due to high demand.

Legal and Financial Ramifications

Beyond test-related consequences, if the car accident causes property damage or injuries to other parties, legal and financial consequences could follow. 

Responsibility and Liability of the Parties Involved

The blame game doesn’t help after a car crash during your test. Here’s who might be on the hook:

  • You: If you caused the accident, you’re liable for any damages to your car, the examiner’s car (if applicable), and any other property involved. Your insurance might cover these costs depending on your policy.
  • The Examiner: It’s unlikely the examiner caused the crash, but if they’re found liable, their agency would likely handle the damages.
  • The Other Driver: If another driver caused the car accident, their insurance should cover the repairs. Be sure to exchange information and file a police report to document the incident.

Impact On the Driving Record and Insurance Rates

If you crash during a driving test, it can negatively affect your driving record. Traffic authorities keep track of car accidents, and a crash during a test reflects poorly on your driving skills. This could lead to points on your license or even suspension, depending on the severity of the incident and local regulations.

A crash during a driving test might also impact your insurance rates. Insurance companies use your driving record to assess risk. If you’re involved in an accident, especially during a test, insurers may consider you a higher risk to insure. As a result, your premiums could increase significantly.

Woman Getting Out Of The Car With A Neck Injury After A Car Accident

Steps to Take Immediately Following a Crash During a Driving Test

A crash during your driving test is stressful, but stay calm and follow these steps to ensure everyone’s safety and protect yourself:

Check for Injuries

Your first priority is safety. See if you, the examiner, and anyone else involved need medical attention. If there are injuries sustained, call emergency services immediately.

Secure the Scene

Don’t panic and abandon your car. Turn off the engine, activate your hazard lights, and if possible, move to a safe location away from traffic. This minimizes further danger and prevents blocking the road.

Inform the Examiner

Let the examiner know what happened and follow their instructions. They’ll assess the situation and may contact the authorities or their superiors depending on the severity of the crash.

Exchange Information

If another driver was involved, calmly gather contact information and the other driver’s insurance. This is critical for filing insurance claims and accident reports.

Document the Crash

If safe to do so, take pictures of the damage to all motor vehicles involved and the surrounding scene. Capture details like weather conditions, skid marks (if any), and traffic signals. Jot down notes about what happened, including the date, time, and any contributing factors you remember.

Don’t admit fault or discuss the accident in detail. Focus on staying safe, gathering information, and cooperating with the examiner and emergency services if needed. Dealing with the blame can come later.

Possible Legal Actions and Defense Strategies

While crashing during your driving test is unlikely to explode into a lawsuit, it’s good to be aware of your options if blame starts flying.

Legal Actions

If you crash during a driving test, legal actions may ensue, especially if the crash results in damage or injury. You could face penalties such as fines, points on your driving record, or even legal charges depending on the severity of the incident and local laws. 

Defense Strategies

Gather Evidence

Collect any evidence that supports your version of events, such as witness statements or photographs of the scene. This can strengthen your defense in case of legal proceedings.

Consult Legal Counsel

Seek advice from a legal professional who specializes in traffic law. They can provide guidance on your rights and potential defenses.

Demonstrate Due Care

Emphasize your adherence to safe driving practices and demonstrate that the crash was an isolated incident. Showing remorse and a commitment to improving your driving skills can also work in your favor.

Cooperate with Authorities

Cooperate with law enforcement and provide accurate information about the crash. Avoid admitting fault until you’ve consulted with legal counsel.

Role of a Traffic Attorney in These Cases

Did you crash during your test? A traffic or car accident attorney from Lewis & Castagliola, P.A. can be your champion:

  • Lawsuit Defense: We analyze evidence, build your defense, and fight for you in court. Our legal muscle helps you navigate the system and secure a fair outcome.
  • Examiner Fault: Did the examiner’s bad instructions cause the crash? We assess your situation. If you have a case, we fight for compensation from the agency.
  • Insurance Battles: Our personal injury attorneys negotiate with your insurance to ensure you get the coverage you deserve.

Don’t let a crash derail your driving dreams. Contact Lewis & Castagliola, P.A. today for a free consultation and get back on the road with peace of mind.

Photo of a Damaged Car

Tips for Preparing for a Driving Test to Minimize the Risk of a Crash

Crashing during your driving test is a stressful setback. Here’s how to boost your confidence and minimize the chance of an accident:

Practice, Practice, Practice

Get plenty of driving experience in all kinds of conditions with a licensed driver supervising you. The more comfortable you are behind the wheel, the better you’ll handle the test.

Know the Rules

Don’t wing it! Study the traffic laws and test your knowledge with practice exams. A firm grasp of the rules makes you a safer driver and shows the examiner you’re prepared.

Familiarize Yourself with the Test Route (If Possible)

If you can legally scout the test route beforehand, do it! This way, you’ll avoid surprises on test day and anticipate any tricky areas.

Stay Calm and Focused

Test nerves are real, but take a deep breath. Relax, focus on the road, and avoid distractions like loud music or passengers. The examiner wants to see you can handle pressure and make good decisions.

Following these tips and preparing thoroughly can help minimize the risk of test drive accidents and increase your chances of success.

Portrait of Attorney Alexander Lewis
Reviewed by Personal Injury Lawyer Alexander Lewis Partner at Lewis & Castagliola, P.A
  • Graduated from the University of Central Florida with a bachelor's degree in Sociology.
  • Attended Stetson University College of Law.
  • Served as the President of the St. Petersburg Bar Association Young Lawyer Section from 2020-2021