Driving Without a License Car Accident
Car accidents in California could result in severe injuries, especially since there are several cars on the road, and it could result in a multiple vehicle accident. Whether you have been involved in a pedestrian accident, motorcycle accident, bicycle accident, truck accident, or a car accident, having a trusted attorney on your side will help you and ease the process of filing a claim against the defendant. However, keep in mind that in almost every single personal injury lawsuit, the defendant will try to raise as many defenses as possible to avoid paying out a large sum of money to Plaintiff. The plaintiff is the party that has suffered injuries, and is filing a lawsuit against the negligent party. The party who the lawsuit is filed against is referred to as the defendant.
If you have been involved in a car accident in California, talk to an experienced legal professional today. Our top-rated car accident attorneys are available and on standby to make sure that our clients always get the best treatment possible. We work tirelessly to make sure that our clients are satisfied, and have their rights adequately represented. Give us a call today to schedule a free consultation.
Am I required to drive with a driver's license?
In California, any person who is driving a vehicle must have a driver’s license that is specific to the vehicle. For example, if the driver is driving a commercial vehicle, then they most likely will need a commercial driver’s license. Failure to drive without a driver’s license may result in hefty penalties, fees, or months of jail time.
California takes its vehicle laws very seriously, and if you were to drive without a driver’s license, it could be used against you if you were ever involved in a lawsuit. If you have been involved in a car accident, and did not have your driver’s license with you, this could be used against you when filing a lawsuit against the at-fault party.
What are the consequences for driving without a license?
If you are stopped by a police officer, and you did not show your driver’s license, you most likely will receive a vehicle infraction. This is considered a misdemeanor in California, depending on what the officer has categorized the ticket as at the time of the accident. Sometimes, if the judge that is hearing your case is lenient, you may have your ticket dismissed if you get your driver’s license in time prior to trial.
Different ways that could warrant a ticket include:
- Not having your driver’s license
- Not having a copy of your driver’s license
- Having an expired license
- Having a revoked license
What if I left my driver's license at home?
This is usually a less serious crime compared to having your driver’s license suspended. You could receive an infraction, and may have to appear in court if you left your driver’s license at home at the time of the ticket. However, the judge may dismiss your ticket in trial if you simply show them that you brought your driver’s license that day in court. You may have to file some administrative paperwork with the California Department of Motor Vehicles.
What if I drove with a revoked license?
If you got behind the wheel after your license was revoked or suspended, you may face very serious penalties, oftentimes categorized as a misdemeanor in California. You could face serious jail time or face hefty fines. You could receive up to three years of probation or up to 30 days of jail time.
What if I drove with an expired license?
You will most likely have a misdemeanor charge against you. But, the judge may dismiss your case if you renew your license prior to the time of you coming into court.
How will not having a driver's license affect a car accident?
If you have a well-qualified car accident attorney, not having a driver’s license while driving may not have that much of an effect on the car accident case. The defendant may use this as a fact to show that you in fact were negligent yourself. In California, laws favor a comparative fault state. Meaning that a victim could still file a lawsuit against the defendant, and if they were negligent themselves, they could have their compensation reduced by the percentage of negligence.
For example, if the plaintiff was 20% at fault, and they incurred around $100,000 in damages, they will be able to receive up to $80,000 in compensation from the defendant. The 20% is reduced from the overall damages.
Other states do not have comparative fault laws, and instead believe that if the plaintiff was responsible for the accident, even just by 1%, they could risk getting their entire claim thrown out. Usually, your highly qualified attorney will be able to argue that not having a physical copy of your license at the time of the accident does not affect the determination of bolts. Meaning that even if you forgot your license, that doesn’t necessarily mean that you caused the accident. You will still be able to file a lawsuit against the at fault party, and point to their liability.
Will not having insurance affect a car accident?
In California, all drivers are required to have car insurance. If a driver fails to have car insurance, and gets involved in an accident, they will not be able to receive any compensation from the at-fault party. Not having insurance is considered to be more of a serious problem than not having a license.
Many people choose not to have car insurance simply because of the high policy and premiums. But, getting behind the wheel without coverage is considered illegal, and you could lose thousands of dollars in medical bills simply because you can’t file a lawsuit against the at-fault party. We have seen several incidents involving medical bills ranging in hundreds of thousands of dollars, but the plaintiff was unable to recover any money because they did not have insurance.
If you have been involved in an accident where the other party did not have a driver’s license, or car insurance, contact our car accident attorneys today to see how we can help you get the compensation you deserve. We understand how stressful being involved in a car accident may be, and on top of all of this facing a party that does not have their insurance. In California, the laws are very strict when it comes to not having car insurance. Usually, driving without a license does not make a serious difference in a lawsuit, but driving without insurance does.
For more information, contact our insurance attorneys at Megeredchian law to see how we can help you get compensation for your medical bills, lost wages, property damage, etc. Whether you have been involved in a truck accident, motorcycle accident, or bicycle accident, we will be on your side every step of the way to make sure that you get the justice and care you deserve. You do not have to face insurance companies and defendants alone.
Give us a call today to speak to one of our highly experienced car accident attorneys to schedule your no obligation consultation.