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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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?

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 on January 24, 2012 under Accident Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption