Accident : Who's Technically at fault?

[Big Tymer]

Long story short:

Dumb girl pulled out in front of my room mate
SHE NO INSURANCE
SHE HAS NO LICENSE
SHE WAS DRIVING A RENTAL CAR THAT WAS NOT HERS

My room mate rearened her , totaling the car, and because he had a tahoe with a Ranch-Hand front end replacement, so he has a couple dents ;)

If Im not mistaken , if you dont have a license and have a wreck its automaticly your fault because your not even allowed to legally be on the road...

[tWiStEdBird]

Sh!tty situation man. No insurance. Probably her fault, but she's probably gonna argue that. Hope he got witnesses!

[L32Projekt]

Legally that girl should be pwn3d. Hope the cop didn't cite him!!!

[Linxs]

Originally posted by Big Tymer:

If Im not mistaken , if you dont have a license and have a wreck its automaticly your fault because your not even allowed to legally be on the road...

I'd wait for one of teh police officers to chime in, but yes i think you are right...

[viper98885]

The laws are not the same from state to state. What may be true in Kentucky or in any other state may not be the same in your state. You should really call a lawyer or if you have a friend in your state that is an officer, they may be able to help more than we can.

[Turbo V6 Camaro]

Originally posted by Big Tymer:
Long story short:

Dumb girl pulled out in front of my room mate
SHE NO INSURANCE
SHE HAS NO LICENSE
SHE WAS DRIVING A RENTAL CAR THAT WAS NOT HERS

My room mate rearened her , totaling the car, and because he had a tahoe with a Ranch-Hand front end replacement, so he has a couple dents ;)

If Im not mistaken , if you dont have a license and have a wreck its automaticly your fault because your not even allowed to legally be on the road...

ask DV he would know

[HAZ-Matt]

In Texas, it is usually the case that the person who rearends someone else is at fault.

That said, here are the pertinant laws

521.021. LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.

521.027. PERSONS EXEMPT FROM LICENSE
REQUIREMENT. The following persons are exempt from the license requirement imposed under this chapter:
(1) a person in the service of the state military
forces or the United States while the person is operating an official motor vehicle in the scope of that service;
(2) a person while the person is operating a road
machine, farm tractor, or implement of husbandry on a highway, unless the vehicle is a commercial motor vehicle under Section 522.003;
(3) a nonresident on active duty in the armed forces of the United States who holds a license issued by the person's state or Canadian province of residence; and
(4) a person who is the spouse or dependent child of a nonresident exempt under Subdivision (3) and who holds a license issued by the person's state or Canadian province of residence.

521.460. MOTOR VEHICLE RENTALS.
(a) A person may not rent a motor vehicle to any other person unless the other person holds a driver's license under this chapter or, if a nonresident, holds a license issued under the laws of the state or Canadian province in which the person resides, unless that state or province
does not require that the operator of a motor vehicle hold a license.
(b) A person may not rent a motor vehicle to another person until inspecting the driver's license of the renter and comparing and verifying the signature on the renter's driver's license with the renter's signature written in the person's presence.
(c) Each person who rents a motor vehicle to another shall maintain a record of:
(1) the number of the license plate issued for
the motor vehicle;
(2) the name and address of the person to whom
the vehicle is rented;
(3) the license number of the person to whom
the vehicle is rented;
(4) the date the license was issued; and
(5) the place where the license was issued.
(d) The record maintained under Subsection (c) may be inspected by any police officer or officer or employee of the department.

545.062. FOLLOWING DISTANCE.
(a) An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.

[HAZ-Matt]

http://www.capitol.state.tx.us/statutes/tn.toc.htm
I couldn't find anything that said all bets were off if one of the parties does not have a license... but I think you could probably argue that.

[speedy-v6-camaro]

Your friend could argue that since she has no license she is not aware of the rules of the road and pulled out in front of him not giving him enough time to stop. The law stated above about following distnace clearly says "if following another vehicle" not "at all times". Oh...tell your friend to beat the hell outta that *****.

[HAZ-Matt]

Originally posted by speedy-v6-camaro:
Your friend could argue that since she has no license she is not aware of the rules of the road and pulled out in front of him not giving him enough time to stop. The law stated above about following distnace clearly says "if following another vehicle" not "at all times". Oh...tell your friend to beat the hell outta that *****.

It doesn't work like that. If it was involving two people that were both licensed, then the person who rear ends the other person is at fault. If you were to pull out right in front of them, you would not hit the car directly on the rear and so technically you are not rear-ending them.

[crasher]

well where did it happen in a parking lot on the road?

[skorpion317]

i'm not quite sure who is at fault, but i know that the girl can be fined heavily for breaking several laws. In NJ, she might even go to jail for not having insurance.

[GrigoryRasputin]

any time you rear end something on the road - its your deal. Even if a cow pulled out in front of you.

[Big Tymer]

Originally posted by GrigoryRasputin:
any time you rear end something on the road - its your deal. Even if a cow pulled out in front of you.

yes I know that..... but heres the thing

say driver 1 is drunk
driver 2 is sober

if driver 2 runs into drive 1, no matter what reason
driver 1 is responsible


I beleive but Im not positive, that its the same deal with no license...

[GrigoryRasputin]

no, thats not true. Driver 1 is charged with DUI, driver 2 CAN legally be charged with fault - b/c it is their responsibility to stop and prevent an accident no matter what is happening in front of them.

HOWEVER, things are always fluid - its dependent on the officer who comes to the scene, which is what saved me in my accident a few days ago.