An accident involving your child is every parent’s worst nightmare. When it turns out that the driver at fault is unlicensed, the situation can become even more complex and stressful. If your child has been hurt in a collision while riding as a passenger with an unlicensed motorist, you may be left wondering what to do next. The immediate answer is that you may still be able to seek compensation for their injuries, and taking swift, informed steps can significantly impact the outcome of your claim.
At Byrd Davis Alden & Henrichson, LLP, we understand how worrying this situation can be. Established in 1959, our firm has successfully guided Texas families through challenging personal injury cases, using our experience as trial lawyers to secure fair compensation. If you need support, our team of top-rated attorneys is here to provide compassionate and experienced representation to protect your child’s rights.
Determining Liability in Accidents Involving an Unlicensed Driver
Under Texas law, the absence of a driver’s license does not automatically determine liability in an accident. Instead, fault is assessed based on each driver’s actions leading to the crash. However, when an unlicensed driver is involved, insurance complications often arise, as insurers typically do not cover unlicensed motorists. That creates a difficult situation for families seeking coverage for their child’s medical expenses and other losses.
In Texas, the at-fault driver is responsible for any resulting damages, regardless of their license status. If your child was injured while riding with an unlicensed driver, you may still pursue compensation. However, if the unlicensed driver lacks insurance, you may need to rely on other avenues, such as uninsured motorist (UM) coverage.
What Steps Should I Take After My Child’s Car Accident with an Unlicensed Driver?
After a crash, taking specific actions to protect your child’s well-being and preserve evidence for a potential injury claim is essential. Initially, you might not know the other driver lacks a license, but taking the following steps can help you in the long run.
Call 911 and Request a Police Response
Ensure you call 911 right away. Even if the injuries appear minor, having law enforcement present helps document the incident officially. A police report can be vital, especially if it notes the lack of a driver’s license, and will serve as substantial evidence in a claim or lawsuit.
Seek Medical Attention for Your Child
Regardless of visible injuries, it’s crucial to have your child examined by a healthcare professional promptly. Your child may not immediately feel the full effect of their injuries, which could worsen over time. Medical records from this visit will provide evidence of injury, which is essential for supporting any claims.
Gather Key Evidence at the Accident Scene
Try to collect information at the scene and document as much as possible. This documentation can be invaluable in a personal injury claim against an unlicensed driver. If you can’t be at the accident scene yourself, try to walk your child through gathering the following information if they’re uninjured and able to:
- Photograph the scene
- Collect contact information
- Note details about the other driver
Gathering this information creates a foundation for your attorney to pursue compensation on your child’s behalf, even if the other driver is unlicensed.
Inform Your Insurance Company and Understand Your Coverage
After securing initial medical care for your child, contact your insurance company to report the accident. If the unlicensed driver is uninsured, you may need to file a claim through your uninsured/underinsured motorist (UM/UIM) coverage if it’s part of your policy. Texas requires drivers to carry liability insurance, but unlicensed drivers often lack coverage, making UM/UIM coverage essential.
If you have UM/UIM coverage, this insurance can help cover your child’s medical expenses and other costs associated with the accident. Hiring a knowledgeable attorney can help you handle interactions with your insurer and increase your chances of a fair settlement.
Talk to Skilled Personal Injury Lawyers in Austin for Free Today
Byrd Davis Alden & Henrichson, LLP has been a trusted name in personal injury law since 1959. As Austin’s oldest personal injury law firm, we bring decades of experience and a reputation for excellence to each case. Our team is committed to obtaining fair settlements for our clients, often without trial. However, we have a winning track record in the courtroom should litigation become necessary.
You don’t have to manage your child’s car accident with an unlicensed driver on your own. Our compassionate, top-rated attorneys can guide you through this challenging time, helping you secure compensation for your child’s injuries and protect their future. Call us today at (512) 454-3751 or complete our contact form for a free consultation to discuss your options.
