Car accidents can be terrifying and life-altering events, and when you find out that the person who hit you was driving with a suspended license, it can add a layer of complexity to an already stressful situation. You might be wondering what steps to take next, who is liable for the damages, and how you can seek compensation for your injuries and losses when the driver does’nt carry liability insurance.
In this comprehensive guide, we’ll delve into the intricacies of dealing with an accident involving a driver with a suspended license and provide you with the necessary information to navigate the legal process effectively.
What to Do If You’re Involved in a Car Accident with a Suspended License Driver
If you find yourself involved in a car accident with a driver who has a suspended license, it’s essential to take certain steps to protect yourself and your legal rights. Here’s what you should do:
Seek Medical Attention: If you or anyone involved in the accident is injured, seek medical help immediately. Your health should always be the top priority.
Contact Law Enforcement: Call the police to report the accident. Having an official police report can be valuable evidence when filing a claim.
Gather Information: Exchange contact and insurance information with the other driver. If possible, take photos of the accident scene and any damages to vehicles.
Document the Incident: Write down all the details you remember about the accident while they are fresh in your mind. This information will be helpful when filing a personal injury claim.
Notify Your Insurance Company: Inform your insurance provider about the accident as soon as possible. Be honest and provide all the necessary details.
Consult with an Attorney: Consider seeking legal guidance from a qualified attorney who can assess your case and advise you on the best course of action.
Determining Liability:
Determining liability in a car accident involving a driver with a suspended license is crucial for seeking compensation for your damages. Liability refers to legal responsibility for the accident and resulting injuries. In this scenario, several factors are considered to determine who is at fault:
Driving with a Suspended License: The fact that the other driver was operating a vehicle with a suspended license is a significant factor in determining liability. Driving with a suspended license is illegal and demonstrates a disregard for traffic laws and safety regulations.
Negligent Driving Behavior: If the driver’s actions, such as speeding, reckless driving, running a red light, or failing to yield, directly contributed to the accident, they may be considered negligent. Negligence occurs when a driver fails to exercise reasonable care, leading to harm to others.
Causal Connection: It’s essential to establish a direct causal connection between the driver’s actions (driving with a suspended license) and the accident itself. Did the driver’s illegal operation of the vehicle directly cause the collision? If so, this strengthens the argument for their liability.
Comparative Fault: Nevada follows a comparative fault system, which means that fault can be assigned to multiple parties involved in an accident. Even if you were partially at fault for the accident, you may still be entitled to recover damages, although the amount you receive may be reduced based on your percentage of fault.
Establishing Negligence, as Required By Personal Injury Law
To prove negligence, several elements must be demonstrated:
Duty of care: The at-fault driver owed a duty of care to other road users to operate their vehicle safely and legally.
Breach of duty: Driving with a suspended license constitutes a breach of that duty.
Causation: The breach of duty directly resulted in the accident and subsequent injuries.
Damages: The accident caused measurable damages, such as medical expenses, lost wages, and pain and suffering.
By establishing these elements, you can hold the negligent driver accountable for their actions and seek compensation for your losses.
Filing a Lawsuit Against the Negligent Driver:
If you’ve been involved in a car accident with a driver whose license has been suspended, you may be wondering about your legal options for seeking compensation. Filing a lawsuit against the negligent driver is often necessary to recover damages for your injuries and losses. Here’s a step-by-step guide to help you navigate this process:
Consultation with an Attorney: Seek advice from a personal injury attorney specializing in car accidents to assess your case and explore legal options.
Investigation and Evidence Gathering: The attorney investigates the accident, collects evidence such as police reports and medical records, and assesses property damage to build a strong case.
Drafting the Complaint: Prepare a legal document, known as a complaint, outlining details of the accident, injuries, damages, and legal grounds for holding the other driver accountable.
Serving the Defendant: Serve the defendant, the negligent driver, with a copy of the complaint and a summons, notifying them of the lawsuit and their response deadline.
Discovery Process: Exchange relevant information and evidence through methods such as interrogatories, document requests, and depositions to prepare for trial.
Negotiation and Settlement: Attempt to negotiate a settlement with the defendant to avoid trial. Your attorney will advocate for fair compensation for your injuries and damages.
Trial: If a settlement cannot be reached, proceed to trial where both parties present arguments and evidence before a judge and/or jury.
Time to Take Legal Action for Your Car Accident?
In Nevada, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the accident. Failing to file within this timeframe could result in the forfeiture of your right to seek compensation. Therefore, it’s essential to consult with an experienced attorney as soon as possible to ensure that your claim is filed within the prescribed deadline.
Recovering Damages: Exploring Legal Avenues to Recover the Damages
After being hit by a driver with a suspended license, you may be entitled to various types of damages, including:
Medical expenses: Compensation for the cost of medical treatment, including hospital bills, surgery, medication, rehabilitation, and ongoing care.
Lost wages: Reimbursement for income lost due to the inability to work following the accident, including missed wages, bonuses, and benefits.
Pain and suffering: Compensation for physical pain, emotional distress, and psychological trauma caused by the accident and resulting injuries.
Property damage: Payment for the repair or replacement of your vehicle and any other personal property damaged in the accident.
Additionally, if the at-fault driver’s conduct was particularly egregious, you may be entitled to punitive damages, which are intended to punish the wrongdoer and deter similar behavior in the future.
Options for Seeking Compensation from a Negligent Driver:
When pursuing compensation from a negligent driver with a suspended license, there are several potential avenues to explore:
Insurance coverage: If the at-fault driver has auto insurance coverage, you may be able to file a car accident claim with other driver’s insurance company to recover damages. However, it’s important to be aware that some insurance policies may exclude coverage for accidents caused by drivers with a suspended or revoked license.
Uninsured/underinsured motorist coverage: If the at-fault driver is uninsured or lacks sufficient liability insurance to compensate you fully, your own insurance policy may include uninsured/underinsured motorist coverage, which can provide additional financial protection in such situations.
Personal injury lawsuit: If insurance coverage is insufficient or unavailable, you have the option to file a personal injury lawsuit against the negligent driver to recover damages directly from them. An experienced attorney can guide you through the legal process and advocate for your rights every step of the way.
Consulting with an Experienced Attorney:
Dealing with the aftermath of a car accident involving a suspended driver’s license can be overwhelming, but you don’t have to navigate the legal process alone. By seeking the guidance of an experienced attorney who specializes in personal injury law, you can ensure that your rights are protected and maximize your chances of obtaining fair compensation for your injuries and losses.
Here’s how an attorney can assist you in this situation:
Knowledge and Experience: Attorneys bring a wealth of experience and understanding of personal injury law, ensuring you have expert guidance tailored to your case.
Evidence Collection: They can gather essential evidence such as police reports, witness statements, and medical records to strengthen your case.
Establishing Liability: Attorneys can help prove the negligent actions of the driver with a suspended license, establishing their liability for the accident.
Insurance Negotiations: They handle negotiations with insurance companies, advocating for fair compensation to cover your damages.
Legal Filings: Attorneys manage all legal filings and court procedures, ensuring adherence to deadlines and procedural requirements.
Maximizing Compensation: They work to maximize your compensation, considering all applicable damages including medical expenses, lost wages, and pain and suffering.
Protecting Your Rights: Attorneys safeguard your rights throughout the legal process, providing guidance and representation to achieve the best possible outcome for you.
Contact BLG to Seek Justice After Being Hit by a Driver with a Suspended License
Being involved in a car accident is a traumatic experience, made even more complicated when the unlicensed driver license is at-fault. However, it’s essential to remember that you have rights and legal options available to you.
By understanding the process of determining liability, filing a lawsuit, and seeking compensation, you can take proactive steps to protect your interests and hold the negligent driver accountable for their actions.
If you’ve been involved in a car accident with a driver who has a suspended license, don’t hesitate to reach out to BLG for expert legal assistance. Our team of experienced attorneys specializes in personal injury cases and will fight tirelessly to protect your rights and help you recover the compensation you deserve.
Contact us today for a free consultation.
1-800-870-8910