Unlicensed Drivers: Will They Always Be At-Fault for an Accident?

Accidents involving unlicensed drivers can be complex and confusing. Understanding how responsibility is determined in these cases is crucial. This blog post explores the key issues surrounding unlicensed drivers, helping you understand their impact on accidents and what steps to take if you’re involved.

What is an Unlicensed Driver?

An unlicensed driver is someone operating a vehicle without a valid driver’s license. This can happen for several reasons:

• Expired or Suspended Licenses: Drivers whose licenses have expired or been suspended due to violations.

• Age Restrictions: Young drivers who are not yet legally allowed to drive.

• Medical Conditions: Individuals whose health issues prevent them from maintaining or obtaining a license.

• Legal Issues: Drivers who have had their licenses revoked due to legal problems.

• Lack of Awareness: People who haven’t obtained a license due to ignorance.

The Case of Ely Campos-Granados

To illustrate the impact of unauthorized driving, consider the tragic case of Ely Campos-Granados. In November 2021, Campos-Granados was involved in a fatal accident in Las Vegas. She was speeding, under the influence of drugs, and driving without a license. The accident resulted in the death of Sara Scow-Fanell. Campos-Granados’ case highlights the severe consequences of driving without a license, especially when combined with other illegal activities like drunk driving.

Key Statistics on Unlicensed Drivers

Understanding the scope of unlicensed driving requires looking at some statistics:

• Percentage of Unlicensed Drivers: About 3% of all drivers in the U.S. are unlicensed, translating to around seven million drivers.

• Fatal Accident Involvement: Unlicensed drivers are involved in about 20% of fatal accidents.

• Drunk Driving and Hit-and-Runs: Approximately 50% of unlicensed drivers in fatal accidents are intoxicated, and over half attempt to flee the scene.

Legal Implications of Driving Without a License

Driving without a license carries significant legal consequences.

• Penalties and Fines: Unlicensed drivers face fines and penalties that vary by state. These can be severe, especially if involved in an accident.

• Criminal Charges: Besides fines, unlicensed drivers may face criminal charges, particularly if their driving results in an accident or they have a history of offenses.

Determining Fault in Accidents with Unlicensed Drivers

Determining fault in these cases is not always straightforward. Consider these factors:

• Who violated traffic laws? The driver who broke the rules may be considered at fault.

• Did either driver disobey the right of way? A fault can be determined based on who had the legal right to proceed.

• Was either driver impaired by alcohol or drugs? This can significantly affect liability.

• Was either driver distracted? Distractions can play a role in determining fault.

Liability and Recovery Options When an Unlicensed Driver is Involved in an Accident

If an unlicensed driver is found liable in an accident, recovering damages can become complicated. Here’s a breakdown of the possible scenarios:

Uninsured Vehicle

If the unlicensed driver was operating an uninsured vehicle, the other driver (if not at fault) can use their uninsured motorist insurance coverage to cover medical expenses and other costs resulting from the crash.

Borrowed Vehicle

 If the unlicensed driver was driving a borrowed vehicle, the insurance company covering the borrowed car may cover the damages—provided the unlicensed driver had the owner’s permission to drive it.

Unauthorized Use of a Vehicle

 If the unlicensed driver wrecked someone else’s car without permission and was found liable, the insurance company typically will not cover the damages. However, if the unlicensed driver has an insurance policy on another vehicle, the other drivers involved in the accident could file a claim against that policy.

Seeking Compensation from the Unlicensed Driver

Another option is to seek compensation directly from the unlicensed driver. This can be challenging, as unlicensed drivers often lack sufficient assets to cover substantial damages.

Each of these scenarios presents its own set of challenges, making it crucial to understand the options available for recovering damages.

Steps to Take After an Accident with an Unlicensed Driver

If you’re involved in an accident with an unlicensed driver, follow these steps:

• Report the Accident: Always report the accident to the police. A formal report is essential for insurance claims and legal proceedings.   

• Contact Your Insurance Company: Notify your insurance company about the accident and mention that an unlicensed driver was involved. They can guide you on using your uninsured or underinsured motorist coverage.

• Seek Medical Attention: Even if you feel fine, seek medical attention. Some injuries might not be immediately apparent, and prompt care is crucial for your health and documentation.

• Consult a Personal Injury Attorney: An experienced attorney can help navigate the complexities of an accident with an unlicensed driver. They can assist with investigating the accident, handling insurance claims, and pursuing compensation for damages.

Preventing Accidents with Unlicensed Drivers

While you can’t control other drivers, you can take steps to reduce your risk:

Stay Alert: Watch for erratic driving. If someone is driving dangerously, keep your distance.

Follow Safe Driving Practices: Adhere to traffic laws and drive cautiously to minimize the risk of accidents.

Conclusion

Accidents involving unlicensed drivers present unique challenges. Understanding the legal implications and knowing how to respond can make a significant difference. Always report accidents, consult with insurance and legal professionals, and seek medical care to protect your rights and well-being. 

Our skilled car accident lawyer in Las Vegas is committed to providing personalized attention and professional representation for your case.