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Texas law requires motorists to have a valid driver’s license. Yet millions of drivers operate vehicles without proper licenses every day ― and the consequences can be devastating. One study from the AAA Foundation for Traffic Safety found nearly one in five drivers involved in fatal wrecks in the United States were unlicensed or driving with an invalid license.
After a crash with an unlicensed driver, injured victims often wonder whether the lack of a license automatically places the other driver at fault. The answer is no. Driving without a license is illegal and unwise, but it doesn’t necessarily mean that the person is a negligent driver. A Texas car accident claim involving an unlicensed driver is generally handled like any other personal injury claim.
Did you suffer injuries in a motor vehicle accident with an unlicensed driver? You could be entitled to compensation for your losses. Get advice from an experienced attorney right away. You have the right to hold careless drivers accountable for their bad choices.
Seeking legal help is important if you get hurt while driving without a valid license, too. Never assume you lose the right to financial relief. Contact us today for a free consultation with a Texas car accident lawyer.
Are There a Lot of Unlicensed Drivers in Texas?
According to fatal crash data over four years, Texas topped the list of U.S. states for fatal motor vehicle accidents involving an unlicensed driver. Many Texas motorists also have their licenses suspended or revoked because of surcharges related to DUI convictions or racking up unpaid traffic tickets. As a result, thousands of unlicensed motorists travel on Texas roads every day. Our Dallas car accident lawyer can help.
How Do I Determine Liability for an Accident with an Unlicensed Driver in Texas?
Determining which driver or party bears fault for a car accident in Texas will require reviewing various pieces of evidence from the crash, such as:
- Police crash reports
- Arrest or traffic citation records
- Surveillance, traffic camera, or dashcam footage
- Eyewitness statements
- Accident scene photos or videos
- Driver cell phone records
- GPS logs
- Vehicle event data recorder (“black box”) logs
- Vehicle maintenance and repair records
- Post-accident vehicle inspections
- Accident reconstruction expert reports and testimony
More than one party may bear liability for a car accident involving an unlicensed driver, including the driver of the vehicle the unlicensed driver hit. If you were partially responsible for causing the collision, your compensation will be reduced by your percentage of fault. However, Texas law bars you from recovering compensation if you were more than 50 percent responsible for the crash.
Is an Unlicensed Driver Assumed to Be At Fault for a Crash?
Driving without a license does not automatically mean the motorist caused the crash. Reviewing evidence from the accident will determine the cause of the crash and identify the party who was at fault. The evidence may show that a party other than the unlicensed driver bears responsibility for the accident, such as another negligent motorist. The owner of the vehicle the unlicensed driver was operating could also be liable if they failed to maintain their car and it suffered a mechanical failure.
Why Do Some People Drive Without a License?
Despite the law, some people drive without a license simply because they want to. Others need to get around town and feel there’s no other way. Common examples of individuals who choose to drive without valid licenses include:
- Teenagers who are old enough for learner’s permits but not full driver’s licenses
- Young drivers who aren’t old enough to apply for a permit or license
- Older adults who fail driving tests due to visual or cognitive difficulties
- Non-citizen residents who have not obtained U.S. driver’s licenses
- Individuals with revoked licenses due to medical conditions
- People with revoked licenses resulting from criminal activity, such as DUI
- Drivers who neglected to renew their licenses
- Individuals who cannot afford to pay driver’s license or license renewal fees
- Those who never obtained a driver’s license
A recent study published in the International Journal for Environmental Research and Public Health found that the likelihood of a severe car accident increased when drivers were unlicensed. Likewise, the probability of a crash decreased for licensed drivers.
What Is the Penalty for Driving Without a License in Texas?
Driving without a license is a criminal offense in Texas. All drivers must have current and valid licenses for the class of any vehicles they drive. For instance, those who drive motorcycles must have valid Class M licenses. Commercial drivers need Class C licenses.
Texas residents face a range of penalties if caught driving without a valid license, including:
- Up to $200 in fines for a first-time offense
- $25 to $200 in fines for a second offense within a year of the first
- $25 to $200 in fines and up to six months in jail for a third offense in one year
If you have a valid license but didn’t have it with you at a traffic stop, you can avoid criminal penalties by submitting proof of your license to the court.
What Happens If You Cause an Accident While Driving Without a License?
If you cause an accident while driving without a license in Texas, the police will likely issue a citation for the violation while investigating the crash scene. But the criminal penalties you may face for driving without a license do not necessarily protect you from civil liability if you cause a crash.
A traffic ticket does not mean you are automatically responsible for the financial repercussions of a car accident. You can only be held accountable for your role in causing the crash. Texas law recognizes that unlicensed driving does not contribute to auto accidents.
Your insurance company will pay for the medical bills and other losses suffered by the other driver due to your negligence. If you were driving uninsured and without a license, covering the injured party’s losses would be your responsibility.
You should also know that driving unlicensed does not prevent you from seeking compensation from the other driver if they share the fault for the wreck. A seasoned attorney can help you determine every liable party and pursue full and fair compensation for your losses.
What Should I Do If I Am Involved in an Accident with an Unlicensed Driver?
Take these steps to protect your case after a car accident with an unlicensed driver:
- Call law enforcement to the scene. The accident report should note the other driver was unlicensed.
- Seek prompt medical attention for your injuries. A timely diagnosis shows you took your health seriously and establishes a link between the crash and your injuries.
- Gather evidence from the scene. Photos, witness statements, video footage, and other proof can help build a strong case for compensation.
- Keep all accident-related documents. Medical records, hospital bills, bank records, repair estimates, and pay stubs can establish your financial and non-financial losses.
- Watch what you say to others while your case is pending. Insurance companies look for any reason to deny or diminish personal injury claims.
- Contact a Texas car accident lawyer as soon as possible. At The Wilhite Law Firm, we’ll handle every aspect of your injury case so you can focus on healing.
Can I Claim Compensation for an Accident If I Am Unlicensed?
Yes, it’s possible to claim compensation if you suffer injuries in a car accident while driving without a license. But keep in mind the other party’s insurance company or attorney may try to use your unlicensed status against you.
You can help your case by obtaining or renewing your license right away. That demonstrates you are not likely to commit similar oversights in the future. You’ll also want to work with an attorney who can develop a strong case proving the other driver’s liability.
Will the Car’s Insurance Still Pay Even If the Driver Didn’t Have a License?
Most car insurance companies will not issue policies to someone or name them as a covered driver if they do not have a valid license. However, an unlicensed driver may get access to a vehicle owned by a licensed driver with an insurance policy if the owner lends them their car.
Unfortunately, many car insurance policies won’t provide coverage when a vehicle owner lends their car to an unlicensed driver. The insurance company may also deny coverage when an unlicensed driver takes a vehicle without the owner’s express or implied permission since it is considered theft. As a result, car insurance companies typically will not provide coverage for a vehicle operated by an unlicensed driver who causes an accident.
Could the Vehicle’s Owner Be Liable for Letting an Unlicensed Driver Use the Car?
Although any insurance coverage applicable to the unlicensed driver’s vehicle may not pay for injuries or losses you sustained, you may have a claim against the vehicle’s owner. A vehicle owner may bear liability for an accident if the owner negligently entrusted their vehicle to the unlicensed driver.
A vehicle owner may negligently entrust their car to an unlicensed driver when the owner knows or should know that the driver poses a risk of causing an auto accident. For example, a vehicle owner may bear liability for a crash after lending their car to someone who has never passed the driving exam or obtained a driver’s license since they may not have received the training needed to operate a vehicle safely.
How Does Uninsured Motorist Coverage Work After a Crash with an Unlicensed Driver?
Texas car owners may purchase uninsured motorist coverage that can provide financial relief after an accident with an unlicensed driver. Unlicensed drivers typically cannot purchase auto insurance coverage, and many car insurance policies exclude coverage for accidents when an owner lends an insured vehicle to an unlicensed driver. Carrying uninsured motorist coverage means your car insurance provider steps in for the insurance coverage the unlicensed driver should have, compensating you for losses you could recover from the unlicensed driver through an insurance claim.
Other optional coverages in your car insurance policy can help you recover financially after an accident with an unlicensed driver. These include personal injury protection coverage that compensates for medical bills and lost wages, medical payments coverage that helps pay for medical expenses, and collision coverage that pays for vehicle repairs or reimburses you for the value of your totaled vehicle.
How Can Our Texas Personal Injury Attorneys Help People Hurt in Accidents with Unlicensed Drivers?
When you’ve suffered injuries in a motor vehicle accident caused by an unlicensed driver, you deserve dedicated support to help you through the recovery process. After an unlicensed driver car accident in Texas, let the legal team at The Wilhite Law Firm guide you and fight for the financial recovery and justice you deserve by:
- Thoroughly investigating the accident to recover evidence that helps us identify the cause of the crash and determine who bears liability for the harm you’ve suffered
- Taking the time to sit down with you to discuss your needs, goals, and concerns to ensure we pursue a legal strategy aimed at seeking the results you deserve
- Documenting your injuries and losses, including future anticipated medical expenses or lost income, to pursue the financial relief you need now and going forward
- Evaluating your legal options for financial recovery, including determining whether the at-fault unlicensed driver has insurance coverage or identifying applicable coverage in your auto insurance policy, such as uninsured motorist coverage
- Filing your claims and dealing with insurance adjusters, medical providers, and bill collectors to take the stress of the claims process off your shoulders
- Vigorously pursuing maximum financial recovery for you through a negotiated settlement or, if necessary, by going to court and trial to demand accountability for your injuries and losses
Let us manage all the details of your car accident case so you can focus on what matters most – healing from your injuries and getting your life back on track after a devastating crash.
Contact a Car Accident Lawyer in Texas Today
It’s normal to have questions after a car accident in Texas. At The Wilhite Law Firm, our accomplished legal team can discuss your case and review your options in a free consultation. Call or contact us today to get started.
