Getting into a car accident in San Antonio is stressful enough. But what happens if the other driver doesn’t even have a license? This situation can be even more confusing and leave you wondering how to recover compensation for your injuries.
Here at Ryan Orsatti Law, we understand the complexities of Texas personal injury law, especially when dealing with unlicensed drivers. This blog post will break down the key details you need to know, including:
- The legal consequences for driving without a license in Texas (it’s not just a slap on the wrist!) (https://www.dps.texas.gov/section/driver-license)
- How the lack of a license impacts your ability to recover damages after a car accident
- What steps you should take after being involved in an accident with an unlicensed driver in San Antonio
The Legal Repercussions of Driving Without a License in Texas
Driving without a license in Texas is a serious offense. The specific penalty can vary depending on the circumstances, but here’s a breakdown:
- First Offense: This is typically a Class C misdemeanor, which can result in a fine of up to $2,000.
- Second Offense: The penalties get steeper for repeat offenders. A second offense can be charged as a Class B misdemeanor, carrying a fine of up to $2,000 and potential jail time of up to 180 days.
- Driving Without a License Causing an Accident: If driving without a license leads to an accident, the consequences become even more severe. This can be charged as a Class A misdemeanor, with fines up to $4,000 and jail time up to one year.
It’s important to note that these are just the potential criminal charges. The unlicensed driver may also be held civilly liable for any damages they cause in an accident.
What Does This Mean for You (The Injured Driver)
Just because the other driver didn’t have a license doesn’t mean you’re automatically shut out from recovering compensation for your injuries. Texas law is based on a “fault” system, meaning the driver who caused the accident is financially responsible for the damages.
Here are some key factors that will be considered:
- The police report: This document will detail the scene of the accident, witness statements, and the investigating officer’s determination of fault.
- Evidence of negligence: This could include photos of the damage, dashcam footage, or medical records documenting your injuries.
- Texas Comparative Fault Law: Even if you’re partially at fault for the accident, you may still be able to recover damages. Texas follows a comparative fault system, which means your recovery will be reduced by your percentage of fault.
What Should You Do After a Car Accident with an Unlicensed Driver in San Antonio?
- Seek Medical Attention: Your health is the top priority. Make sure you receive a complete medical evaluation for any injuries sustained in the accident.
- Gather Evidence: Take photos of the accident scene, your vehicle damage, and any visible injuries. If possible, obtain contact information from any witnesses.
- Contact Your Insurance Company: Notify your insurance company as soon as possible. Even if the other driver is unlicensed, your own insurance policy may cover some of your damages.
- Talk to a San Antonio Personal Injury Lawyer: An experienced attorney can help you navigate the legal complexities of your case, investigate the accident, and fight for the compensation you deserve.
Why Choose Ryan Orsatti Law?
At Ryan Orsatti Law, we understand the unique challenges of car accident cases involving unlicensed drivers. We have a proven track record of success in helping clients recover maximum compensation for their injuries. With our aggressive and results-oriented approach, we’ll fight for your rights and ensure you get the justice you deserve.
Don’t let someone else’s mistake cost you. Contact Ryan Orsatti Law today for a free consultation.
