QUESTION
What happens if the victim of an auto accident was driving on a suspended license?
Asked on May 11th, 2011 on Personal Injury - Florida
More details to this question:
The driver of the car that was hit was driving on a suspended license. Is this a defense for the driver of the car that hit them in civil litigation?
16 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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That is no defense. May get a ticket and probably will, but that has nothing to do with the injury claim.
Answered on May 23rd, 2011 at 12:58 PM
Theodore W. Robinson
It could act as a partial defense, but that will be up to your attorneys to figure out with you. Speak to a Personal Injury attorney right away. Good luck.
Answered on May 13th, 2011 at 10:59 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No, as it has no relevancy to who was at fault in causing the accident.
Answered on May 13th, 2011 at 10:52 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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No, it is normally not a defense, unless it caused the accident.
Answered on May 13th, 2011 at 9:48 AM
Criminal Defense Attorney serving Seattle, WA
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Mercado & Hartung, PLLC
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If the driver was at fault he/she will be responsible for the results of the accident. The victim may face criminal charges for driving on a suspended license but he/she will not be held liable for the accident just because of that fact.
Answered on May 12th, 2011 at 12:20 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Typically, in Nebraska, it will be irrelevant to the personal injury action. You could still face criminal/traffic charges for Driving Under Suspension, but it does not affect whose fault the accident was.
Answered on May 12th, 2011 at 12:17 PM
Personal Injury Attorney serving West Palm Beach, FL
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Personal Injury Law Offices of Joseph I. Lipsky
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The fact that the driver of a car which is struck by another car had a suspended license has no relevance to proving who was a fault in causing the accident. The facts of the collision itself, as described by the two drivers and any witnesses, are the critical issues. These issues are precisely why it is important to consult an attorney experienced in handling car accident cases.
Answered on May 12th, 2011 at 11:41 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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No. The civil litigation is based on the law of negligence. If the Auto accident victim was driving negligently, that would be a defense. However, while driving on a suspended license is illegal, it does not constitute negligence. The fact that the victim was driving on a suspended license may not even be admissible as evidence in the civil trial. Hopefully the other driver who had a license had liability insurance coverage that will pay the damages if that driver was negligent and at fault.
Answered on May 12th, 2011 at 11:33 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No. There are some grey areas in violation if statutes, but a suspended license wouldn't bar a case. Call me to discuss.
Answered on May 12th, 2011 at 11:30 AM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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Great question. Without doing additional research their are limitations on the right to sue based on several factors. I believe, subject to additional research, that driving uninsured may limit the extent of damages you can seek or deny you the right to sue. This question deserves further research.
Answered on May 12th, 2011 at 11:29 AM
Even though that driver should not have been driving this did not directly cause the accident if that person was not at fault. Therefore it will not have much effect on liability.
Answered on May 12th, 2011 at 11:22 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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No. Under Oregon law neither the at-fault driver's, nor the injured driver's, license status is an issue in the case.
Answered on May 12th, 2011 at 11:21 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
You can still pursue claim since you did not cause accident.
Answered on May 12th, 2011 at 11:07 AM
Liability for an accident depends on whether that driver was at fault (i.e., negligent or caused the accident).
Answered on May 12th, 2011 at 11:06 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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No. License status has nothing to do with whether someone drove negligently.
Answered on May 12th, 2011 at 10:36 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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Though driving on a suspended license, the lack of a license was not what is called the "proximate cause" or "legal cause" of the accident. The conduct of the drivers, i.e., whether one was careless and the other not careless, would determine the legal cause. Though the other person should not technically have been driving, that would not change the fact he or she was not the negligent party in terms of how the accident occurred. So, the answer would be "no."
Answered on May 12th, 2011 at 10:35 AM