It is against the law to operate a vehicle without a valid and current driver’s license in Texas. Unfortunately, many drivers break this law and drive on suspended, revoked and cancelled licenses. Others drive without ever having had a license to begin with.
If you are hit by a driver who does not have a valid license in Austin, you may be eligible for financial compensation. If the at-fault driver also does not have automobile insurance, achieving a fair recovery can be difficult. You may need assistance from an experienced Austin car accident lawyer.
What Does it Mean to Drive Without a Valid License in Austin?
Driving without a valid license in Austin can mean many different things. First, it could mean that the driver never went through the required steps to obtain a driver’s license, including the written exam, eye exam and driving test. It may be an underage driver or an unlicensed adult.
The individual may have been refused a license by the state due to a physical or mental disability, child support arrears, being held in contempt of court, or committing a drug offense. Driving without a valid license could also mean that the license is expired, suspended or revoked.
A mandatory suspension or revocation means the driver was convicted of a crime that was penalized with a temporary or permanent removal of the driving privilege. An administrative suspension means the Texas Department of Public Safety decided to take away the driver’s driving privilege due to a serious car accident or repeat traffic offenses.
What Should I Do if I Get in an Accident With an Unlicensed Driver?
Although requesting the other driver’s license is not mandatory, it must be shown upon request by you or a law enforcement officer. If you discover that the other driver does not have a valid license, involve the police.
Taking the right steps after getting hit by an unlicensed driver in Austin can help you protect your rights:
- When any type of car accident occurs in Austin, you should pull over immediately in a safe location.Â
- Check yourself and others in your vehicle for injuries.
- Safely exit and find out if anyone else has been hurt.Â
- If there are any injuries, call 911 right away to request an ambulance.
- Exchange information with the other driver and collect evidence, including photographs of the scene.
When the police arrive, they can document for the record that the other driver does not have a valid license. This will be included on the police report, which you can use as evidence during a car insurance claim or personal injury lawsuit. While a lack of driver’s license does not automatically mean the other driver is at fault, it can serve as proof that he or she was not fit to be behind the wheel.
Penalties for Driving Without a License in Texas
Texas Transportation Code § 521.025 requires a valid and current driver’s license to be in the driver’s possession while he or she is operating a motor vehicle. Driving without a license can result in a $200 fine for a first offense.
The fine can increase to up to $4,000 – along with the possibility of jail time of up to one year – if the unlicensed driver causes injury or death. The other driver could face criminal charges and penalties for operating a motor vehicle without a driver’s license, especially if he or she caused a serious car accident.
Driving while unlicensed – meaning without ever having a license – is a slightly lesser violation, and may be classified as an administrative offense. Driving while license invalid (DWLI), on the other hand, can be charged as a Class C to Class A misdemeanor.
An unlicensed, at-fault driver can also face civil liability for the losses you suffered because of the crash. This means the driver will be held responsible for paying for your medical bills, property repairs, and more.
What Compensation Can You Recover for an Austin Car Accident?
The types and amounts of financial compensation you may be able to receive as a car accident victim in Austin will depend on the circumstances. In Texas, all motor vehicle drivers are required to carry at least $30,000 per person and $60,000 per accident in bodily injury coverage, as well as $25,000 in property damage liability insurance.
Typically, the at-fault driver will have car insurance to pay for your losses. Since Texas is a fault state, the driver responsible for causing the crash should also pay for your medical bills and property repairs.
However, drivers who are willing to illegally drive without a license may also be unlawfully driving without insurance. In this situation, you may need to look for alternative sources of compensation.
Who Pays for Car Accidents Involving Uninsured/Underinsured Drivers in Austin?
If an unlicensed driver in Austin also does not have adequate insurance, contact your own car insurance provider to find out if you have first-party coverage. If you have uninsured or underinsured motorist insurance on your policy, this can pay to cover your losses.
If you do not have the right type of insurance on your own policy, turn to a personal injury lawyer for legal advice. You may be able to seek financial compensation by filing a personal injury lawsuit directly against the unlicensed driver.
If found liable, the unlicensed driver can be made to pay for your medical bills and other costs out of pocket. A car accident attorney can also investigate for signs of third-party negligence, such as a defective vehicle part or roadway hazard. This could give you more options for making a financial recovery.
When to Contact an Austin Car Accident Attorney
If you were hit by a driver without a valid license in Austin, Texas, contact the attorneys at FVF Law Firm for immediate legal assistance. We have over 100 years of combined legal experience and know how to handle complex automobile accident cases. We will help you understand your legal options after a detailed review of your case.
Initial consultations with our attorneys always come at no cost and no pressure to hire us. We also accept car accident cases on a contingency fee basis, meaning you won’t be charged a dime for our services unless we secure financial compensation for your unlicensed motorist car accident claim. Call us today at (512) 640-2146 to speak with one of our Austin personal injury attorneys.
