If you’re in an accident with a driver who does not have a valid driver’s license, this fact may help you in establishing negligence and fault, and recovering the different types of compensation.
Was the other driver at fault for the accident?
In Texas, the car insurance law requires that the person who is at fault for an accident be the party who handles paying for the crash. As such, if the other driver was at fault for the accident, then the other driver ‘s insurance company may very well pay for it.
Keep in mind that the other driver’s insurance company will probably try to argue that you were partially at fault to reduce the scope of their payout.
Did a lack of driving experience contribute to the accident?
Having a driver’s license is a way to prove that you are certified to drive in the state of Texas. If the other driver didn’t have a driver’s license, and his/her lack of driving experience or lack of road knowledge was in part to blame for the accident, then they he/she be held liable.
Were you partially to blame?
Finally, the last thing to consider when determining liability in an accident is whether or not you were partially to blame, too. Even if the other driver didn’t have a valid license at the time of the collision, and even if the other driver was mostly at fault, if you did anything wrong, you might be partially to blame.
Examples of negligence that you may be held liable for include the following.
- Failure to yield
- Distracted driving
Under Texas 51 percent bar rule, you cannot recover damages if you were more than 50 percent at fault for the accident, even if the other driver was operating a vehicle illegally. However, the illegal operation is often enough to establish responsibility.
Learn More About Proving Fault and Recovering Damages
At the Law Office of Julie Johnson PLLC, we can help you prove that the fact that the other driver didn’t have a license at the time of the crash is illustrative of their fault. If filing a claim with your insurance doesn’t yield a high enough damages amount, we can teach you what there is to know about filing a personal injury lawsuit. To learn more about filing your claim and establishing negligence, call us at 214-290-8001.