Should you get into a car accident without your driver’s license, you may face criminal consequences for your oversight. If you forget your license at home, you risk citations and fines. If you’re behind the wheel on a suspended license, you may face prison time.
That said, the presence of your license has no impact on accident-related fault. If you can prove that another party’s negligence led to your accident, you can demand damages from that party. The Indiana car accident attorneys working with Vaughan & Vaughan can help you bring forward evidence of the other party’s misconduct before arguing for your right to compensation.
You Can Face Criminal Consequences for Driving Without a License
You may find yourself without a license for a variety of reasons. If you forget your license at home and get into an accident, don’t panic. You can still face a Class C infraction and a $500 fine, but you can also challenge that citation. So long as you return to the police precinct with your license within five days of your write-up, the station can clear the citation.
That said, matters change if you’re driving on an expired license or never got your license. You can face a Class C misdemeanor charge, resulting in 60 days in jail and a fine of $500. If you’re caught driving without a license multiple times, that charge may jump to a Class A misdemeanor, resulting in a year in jail and fines of up to $5,000.
There are, however, exceptions to the rule. Non-Indiana residents are free to drive in the state without state licenses so long as they’re of age and meet Indiana’s other requirements to be on the road. Similarly, people who’ve recently moved to Indiana have 60 days to request an in-state license before they can be charged for driving without a license.
Criminal Consequences Compound If You Drive on a Suspended License
All that said, if you’re accused not only of driving without a license but of criminal neglect behind the wheel or other roadway crimes, the consequences brought against you may not be so easy to wave away. If, for example, you’re operating on a suspended license after a previous criminal conviction, you jump straight to Class A misdemeanor charges.
If you’ve been accused of failing to pay other tickets or child support in the past, your first instance of driving without a license may see you face a Class A infraction, which carries a fine of up to $10,000. Should you be accused of an accident that resulted in someone else’s injury, you may face a Class 5 or 6 felony.
Driving Without a License is a Non-Factor When Assigning Accident Fault
Neither insurance providers nor police officers consider whether or not you have your license on your person when assigning fault for your accident. Instead, both parties refer to what evidence they find at the scene of an accident before naming a person liable for a crash.
Our attorneys likewise consider evidence of negligence, not your possession of a license, when assessing your case. The evidence that all of these parties can refer back to includes the following:
- Statements from bystanders regarding drivers’ behaviors
- Video footage of the accident
- Photos of the accident
- Social media posts describing the accident
- Cell phone data
- Black box data, if applicable
- Input from expert witnesses
You Can Still Request Accident Damages If You Get Into an Accident Without Your License
While you may face criminal consequences for driving without a license, those consequences do not rob you of your right to demand damages for your losses. So long as you can prove that another party bears the blame for your accident, you can name that party financially responsible for your recovery in a personal injury claim.
That said, do not ask a personal injury lawyer in Indiana for legal guidance on a criminal case. You must keep a personal injury claim separate from criminal proceedings, should any arise in relation to your accident.
Can You Face Legal Consequences for Getting Into a Car Accident While Driving on a Permit?
If you’re found in violation of the law or at fault for an accident, and you’re operating on a driver’s permit, you can face criminal consequences. That said, if you’re a minor and allegedly cause an accident while operating on a permit, the consequences you face may differ from those that an adult operating on a permit may face.
Minors who get into accidents while operating on a driver’s permit often see the financial responsibility for their accident default to their parents’ insurer, should another party find them liable for the accident. Adults operating on a permit found liable for another party’s losses can instead expect the financial responsibility for that accident to fall to their insurer.
That said, neither a minor nor an adult operating on a permit automatically take on fault for an accident based on their possession of a permit. All parties involved in these accidents must still prove, with evidence, that a particular party bears the blame for a crash. Claims regarding fault cannot move forward without data to support them.
Discuss Your Recent Car Accident With a Vaughan & Vaughan Attorney
You must have your license on you if you want to avoid criminal consequences while on Indiana’s roads. You may face fines and citations if you do not have your license and get into an accident. That said, you can still file a personal injury claim against another party if you believe that party’s negligence led to your accident – license or no license.
Vaughan & Vaughan’s Indiana car accident lawyers cannot help you address criminal accusations if you get into an accident without your license. The team can, however, help you build a personal injury claim against the party responsible for your crash. You can contact us through the firm’s website or by calling our office to schedule your initial case consultation.
