If you picked this answer you are probably not alone. Most people probably
think that anyone driving without a license is negligent. But legally this
is not so. To understand why, imagine the following situation:
John is driving without a license. He drives very carefully and comes to
a full stop at a red light. He turns right after looking both ways and seeing
no cars coming. Without any warning, Mary, a drunk driver, going well over
the speed limit crashes into John from behind. Both John and Mary are severely
injured. Who is liable?
A. John, because he did not have a license and
is therefore negligent as a matter of law.
B. John, because the drunk drivers of this world
need to get a break once in a while.
C. Mary, because she was at fault. John was not
at fault as far as the accident was concerned since he and Mary would have
been hurt just the same even if he had a driver's license.