What happens when someone causes a wreck and doesn’t have a valid driver’s license
A driver must have a valid license to operate a motor vehicle. Driving without a license or with a suspended or revoked license is an obvious safety danger.
Anyone who drives needs proper training and experience before getting behind the wheel. That is why the Texas Department of Public Safety (DPS) requires extensive training and testing before issuing a person a license to drive on our roads.
Unfortunately, there are people who break the law and drive without a proper license or on a suspended or revoked license. From our team at Harmonson Law Firm, here’s a look at the types of licenses and show how we might use these rules to help our clients when a person negligently causes a crash because of no license, a license violation or because of a suspended or revoked license. Texas DPS tells us that teenagers and young adults have the highest crash rates of all drivers. Motor vehicle crashes are a leading cause of death for teens in the United States.
Teens make up only 6.5 percent of the motoring public; however, teens account for 13 percent of fatal crashes in the United States. If you are involved in an accident with a teen driver, a good personal injury lawyer will know the license requirements for teen drivers in order to strictly enforce the rules. Class C is the most common type of license issued by DPS. A Class C license holder is allowed to drive:
- A vehicle or combination of vehicles (for example, a truck and travel trailer) that is not included in Class A or Class B (see below); and
- A single vehicle with a gross vehicle weight rating (GVWR) of less than 26,001 lbs. towing a trailer not to exceed 10,000 lbs. GVWR or a farm trailer with a GVWR that does not exceed 20,000 lbs.
In simpler terms, a person only needs a Class C driver license if they are driving a personal car or truck. They are allowed to pull a personal trailer or camper that does not reach the weight restrictions. If you are a “normal driver” driving a “normal vehicle,” chances are you have a Class C license. If you are involved in an accident with one of these normal vehicles, you should ensure that the driver has a valid Class C license.
A Class C license does not permit a driver to drive a motorcycle. A Class M license allows a driver to operate a motorcycle or a moped.
In order to obtain a Class M license, a person must successfully pass a motorcycle operator training course approved by DPS. One may not drive a motorcycle or moped without a valid Class M license.
If you are involved in an accident with a motorcycle, the first order of business is to determine if the driver has a Class M license. A person is required to have a commercial driver license (CDL) if the person operates a motor vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more.
A CDL is also required to transport quantities of hazardous materials that requires warning placards (signs). Further, a CDL is required to drive a vehicle designed to transport 16 or more passengers, including the driver.
Truck drivers who drive 18-wheelers are required to possess a CDL. Bus drivers are also required to carry a CDL. If you are involved in an accident with a larger vehicle, it is important to know whether the driver is required to carry a CDL and whether that driver in fact has met all of the requirements necessary to qualify and maintain their CDL. Knowing the CDL license requirements will provide you invaluable assistance in your subsequent personal injury claim. At Harmonson Law Firm, we keep a copy of the Texas Commercial Vehicle Drivers Handbook on our desks and study it religiously when it comes to enforcing the rules of the road against negligent CDL drivers. Driving without corrective lenses is also a cause of dangerous accidents in Texas. A vision test will be administered when a person applies for a driver’s license. Depending on the results of the test, the person may be required to wear corrective lenses while driving. A good personal injury lawyer will always check to determine if the at-fault driver was required to drive with corrective lenses and whether, in fact, the person wore those lenses at the time of the crash. From experience, we know that the value of your claim will increase if the at-fault driver broke this simple safety rule. The following is a list of common restrictions that may appear on a driver’s license:
A: With corrective lenses
B: A licensed driver 21 years of age or older must be in the front seat
C: Daytime only
D: Not to exceed 45 MPH
E: No expressway driving
F: Must hold valid learners permit until (date)
I M/C: Not to exceed 250 cc
J: Licensed M/C Operator age 21 or over in sight
L: Vehicle without air breaks – applies to vehicles requiring CDL
M: CDL Intrastate Commerce only
N: Ignition interlock required
O: Occupational license
P: Stated on License
Q: Licensed Operator in Front Seat (LOFS) 21 or over vehicle above Class B
R: LOFS 21 or over vehicle above Class C
S: Outside mirror or hearing aid
T: Automatic transmission
U: Applicable prosthetic devices
V: Applicable vehicle devices
W: Power steering Because driving is a privilege and not a right, DPS has the right to suspend or revoke a license. When a driver abuses the privilege, the driver may have his license suspended or revoked. One of the first investigations we undertake for our injured client is to receive a certified copy of the at-fault driver’s driving record. The driving record will show us similar accidents. It will show prior violations and the disposition of those violations. The driving record will also tell us whether the at-fault driver’s license has ever been or is currently suspended or revoked. We use this ammunition in all sorts of ways in the subsequent lawsuit against the at-fault driver.
Common reasons why a driver may have his or her license suspended or revoked include:
- DWI or Drug Offenses
- Failure to Stop and Render Aid
- Involuntary Manslaughter
- Driving with an Invalid License
- Driving with a Fake ID
- Racing/Reckless Driving
- Repeated Violations of Traffic Laws
- Fleeing from a Law Enforcement Officer
- Failing to Stop for a School Bus
- Family Code Violations
- Health and Safety Code Violations
If we are able to determine through discovery that the at-fault driver was driving with a suspended or revoked license, the value of the case can be significantly increased.
When you call the Harmonson Law Firm for help, you take the first step toward making it right and holding the responsible party or entity accountable for their wrongdoing. Call (915)-584-8777 to speak to a car accident lawyer about your injuries, your costs, and your options.