In an accident with an unlicensed driver who is uninsured and does not own the car, is that driver at fault by default because they are on the road illegally?

In an accident with an unlicensed driver who is uninsured and does not own the car, is that driver at fault by default because they are on the road illegally?

My daughter rear-ended a car that was following a water truck which turned and the unlicensed driver did not break until the last minute. My daughter hit her breaks (she was not following close) and slid on gravel on the road (trucks from the quarry had been spilling gravel) for about 100 ft and she rear-ended the unlicensed driver as a result. She was driving the speed limit. Is she at fault or is the unlicensed driver due to being on the road illegally?

Asked on January 24, 2012 under Accident Law, California

Answers:

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