Most people assume that driving without a license in Texas automatically eliminates any chance of recovering compensation if they are involved in an accident. That’s not necessarily true. It may be possible to get compensation after a Texas crash without a license.
At Patterson Law Group, we’ve represented many clients in this very situation. The reality is, driving without a license is illegal—but that doesn’t mean you lose your right to compensation, especially if the crash was caused by someone else.
Here, you can learn more about what happens legally and financially when an unlicensed driver is injured in a car crash in Texas and how our car accident lawyer in Fort Worth can help.
What Does Texas Law Say About Driving Without a License?
Texas Transportation Code § 521.021 makes it illegal to operate a motor vehicle on public roads without a valid driver’s license. Violating this law is considered a misdemeanor. The penalties increase with each offense:
- First offense: A fine of up to $200.
- Second offense (within one year): Fine between $25 and $200.
- Third offense (within one year): Fine between $25 and $500, and/or jail time between 72 hours and six months.
- Causing injury or death while unlicensed: May be prosecuted as a Class A misdemeanor or higher, depending on the circumstances.
So yes, driving without a license is a criminal offense in Texas. However, it’s essential to recognize that criminal guilt and civil liability are distinct matters. Even if you’re charged with a traffic violation for driving unlicensed, that doesn’t automatically make you responsible for the crash.
Fault, Not License Status, Determines Liability
Texas employs a modified comparative fault system, as outlined in Civil Practice and Remedies Code § 33.001. This means fault is the determining factor when deciding who is financially responsible for a crash, not whether someone has a valid license.
If you were driving without a license in Texas, but the other driver was at fault—for example, if they ran a red light or were texting and driving—you can still file a claim for compensation. However, if you were partly at fault, your compensation could be reduced based on your percentage of fault. And if you were more than 50% at fault, you’re barred from recovering damages.
It’s our job as your car accident lawyer in Fort Worth to help build a case that proves the other party was primarily at fault and to ensure your license status doesn’t distract from the facts.
What Compensation Can an Unlicensed Driver Receive?
If you were not at fault in the crash, you may be entitled to the same types of damages as any other accident victim. This may include:
- Medical expenses (emergency care, surgery, rehabilitation)
- Lost wages and lost future earnings
- Pain and suffering
- Property damage (vehicle repair or replacement)
- Loss of consortium or companionship (in wrongful death cases)
- Punitive damages (in rare cases involving extreme negligence)
Whether you had a license or not doesn’t change the financial hardship you may face after a crash. As accident lawyers in Fort Worth, we focus on your injuries, your losses, and your legal rights—not your paperwork status.
What Happens If You Were an Undocumented Immigrant Driving Without a License?
This situation is unfortunately common in Texas, and we’ve represented many undocumented clients who were involved in accidents while driving without a license. Texas law does not allow undocumented immigrants to obtain a driver’s license, but that doesn’t mean you can’t recover damages if you’re hurt in a crash that wasn’t your fault.
Texas courts have ruled that an individual’s immigration status and lack of a driver’s license do not prevent them from filing a personal injury claim. That said, the other party’s insurance company may try to intimidate you or suggest you’re not entitled to compensation.
Don’t let fear stop you from asserting your rights. Our Fort Worth auto accident attorneys will fight to ensure you’re treated fairly under the law—no matter your background.
How Insurance Companies Use Unlicensed Driving Against You
Insurance companies are not on your side. If they find out you were driving without a license in Texas, they will try to use it against you, even if you weren’t at fault. They may:
- Deny your claim entirely
- Accuse you of being partially or fully responsible
- Offer you a lowball settlement
- Delay processing your claim in hopes you’ll give up
Some insurance policies have exclusions that void coverage if the driver is unlicensed at the time of the crash—even if they are listed on the policy. However, if you are driving someone else’s insured vehicle with their permission, coverage may still be available.
We’ve seen insurance adjusters bend the truth to avoid paying out what is owed. As your auto accident attorney in Fort Worth, we step in to level the playing field and make sure they don’t get away with it.
Steps to Take After an Accident Without a License
If you’ve been in a crash and don’t have a valid driver’s license, it’s critical to take the proper steps immediately:
- Call 911 – Report the accident and request police and medical assistance. Don’t leave the scene—it could result in criminal charges.
- Be honest – Don’t lie to the police about your license status. That can make your situation worse. Be polite and factual.
- Get medical treatment – Even if your injuries seem minor, it’s essential to get checked out. Medical records are necessary for any injury claim.
- Take pictures – Document vehicle damage, road conditions, skid marks, traffic signs, and injuries.
- Get witness info – If anyone saw the crash, ask for their names and contact details.
- Contact a lawyer immediately – Before speaking with the insurance company, consult with us. We’ll protect your rights from the very beginning.
Common Misconceptions About Driving Without a License
There are several myths we regularly hear from injured clients:
- “I wasn’t licensed, so I can’t sue.” False. You can sue if the other party was at fault.
- “If I file a claim, I’ll get deported.” Not true. A personal injury case is civil, not criminal or immigration-related.
- “I can’t afford a lawyer.” You don’t have to pay us anything upfront. We work on a contingency fee basis—you only pay if we win your case.
As experienced accident lawyers in Fort Worth, we understand how to dispel these myths and help you maintain your focus on healing and recovery.
What If the Other Driver Was Also Unlicensed?
If both drivers involved in the crash were unlicensed, the same rules apply: fault is still the deciding factor. If the other driver caused the crash through negligent or reckless behavior, you may still be entitled to compensation.
However, this may further complicate the case. Insurance companies may deny liability on both sides, and the police report may be less favorable to the claimant. That’s why working with a Fort Worth auto accident attorney is so essential. We’ll investigate every angle and build a solid argument based on the evidence.
Texas Crash Data and Unlicensed Drivers
According to data from the Texas Department of Transportation, there were more than 15,000 crashes involving unlicensed drivers in 2023. Of those:
- Over 4,000 involved serious injuries
- Nearly 900 resulted in fatalities
- A large percentage involved drivers under the age of 25
This illustrates the frequency with which unlicensed drivers are involved in accidents. However, it also demonstrates that these crashes occur for various reasons, and being unlicensed is not automatically to blame.
We Help Clients Who Made a Mistake
We understand that not having a license doesn’t make you a bad person. Life is complicated. Maybe your license expired and you couldn’t afford to renew it. Maybe you moved from another state or country and didn’t realize you needed a Texas license. Maybe you were driving out of necessity to get to work, school, or a loved one.
Whatever the reason, our job isn’t to judge—it’s to help you get your life back on track.
At Patterson Law Group, we treat every client with respect. We focus on your injuries, your story, and your future—not the mistake you may have made by driving without a license.
How Patterson Law Group Can Help You
If you were driving without a license in Texas and were injured in an accident that wasn’t your fault, we’re here to help. As a trusted car accident lawyer in Fort Worth, we’ll:
- Review the facts of your case
- Investigate the crash and gather evidence
- Deal with the insurance companies on your behalf
- Fight to recover maximum compensation
- Keep your license status from overshadowing your rights
Don’t let fear, shame, or confusion stop you from getting the help you need. We offer complimentary consultations and will explain your options in clear, straightforward language. If you choose to work with us, we won’t charge you anything unless we win.
Frequently Asked Questions
Can I go to jail for driving without a license in Texas if I was in an accident?
Yes, depending on the circumstances. While a first-time offense may result in only a fine, if the accident causes serious injury or death, or if it’s a repeated offense, it can be elevated to a Class A misdemeanor, carrying possible jail time. However, jail is typically more likely in cases involving additional violations such as DUI, reckless driving, or fleeing the scene.
Will my lack of a license be used against me in court?
The defense or insurance company can bring it up to undermine your credibility, but it doesn’t mean you’re at fault for the accident. Texas courts focus on negligence and fault, not necessarily license status, when awarding damages. With strong legal representation, we can shift the focus back to the at-fault driver’s behavior.
Can I still file a claim if I didn’t own the car I was driving?
Yes. If you had permission to use the vehicle and the owner had valid insurance, that policy may still provide coverage, even if you were unlicensed. If you were uninsured and driving someone else’s vehicle without permission, your options may be limited, but you can still pursue a claim against the at-fault driver.
Will the court notify immigration authorities if I file a claim?
No. Civil courts do not report personal injury claims to immigration agencies. Seeking compensation for an injury has no bearing on your immigration status, and we take every precaution to protect your privacy and rights.
Can I get a license after the accident to help my case?
While it won’t retroactively fix the violation, obtaining a valid license afterward can demonstrate responsibility and may help mitigate how the court views your case.
Can You Get Compensation After a Texas Crash without a License?
Driving without a license in Texas is a legal violation—but it doesn’t take away your right to justice. If you were injured in a crash caused by someone else, your lack of a license does not erase their responsibility.
As experienced Fort Worth accident attorneys, we’re here to stand up for you—even when the odds seem stacked against you. Contact Patterson Law Group today for a free case evaluation. Let’s talk about your story and your path forward.
