In an accident with an unlicensed driver who is uninsured and does not own the car, is that driver at fault by default because they are on the road illegally?

Question Details:

My daughter rear-ended a car that was following a water truck which turned and the unlicensed driver did not break until the last minute. My daughter hit her breaks (she was not following close) and slid on gravel on the road (trucks from the quarry had been spilling gravel) for about 100 ft and she rear-ended the unlicensed driver as a result. She was driving the speed limit. Is she at fault or is the unlicensed driver due to being on the road illegally?

Asked 1/24/2012 under Auto Accidents | 451 View(s) | More Legal Topics

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Auto Accidents Law Answers

Hong Shen / Robert Law Group Answered 3 months ago | Contributor This attorney is licensed in California

As long as the driver has a valid state issued driver's license, he is allowed to be on the road. Whether he is insured is a different matter. He may be breaking the law without being issued but it is not the legal cause of the accident.

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