The Hoffmann Law Firm, L.L.C. Articles St. Louis Car Accidents Involving Unlicensed Drivers

St. Louis Car Accidents Involving Unlicensed Drivers

Oct. 26, 2015 8:54a

If you are involved in a car accident while driving without a license, can you file a personal injury claim against the at-fault driver?

Car accidents can cause severe injuries and result in significant financial losses. If a car accident is caused by the negligence of another driver, then the victim may be entitled to receive compensation from the at-fault driver. However, there have been cases when the victim has not initiated a legal action against the at-fault driver, because they were driving without a driver’s license. Even if the victim of a car accident does not possess a driver’s licence, it should not keep him or her from making a claim against the at-fault driver.

Case Study - Running a Red Light

Just because the victim was driving without a driver’s license does not mean that he or she cannot file a personal injury claim against the at-fault driver. For example, there are drivers A and B at an intersection. As the traffic light turns green, Driver A begins to cross the intersection and driver B jumps the red light and crashes into Driver B’s vehicle. Driver A’s vehicle gets damaged and the driver suffers a shoulder fracture due to the impact of the crash. In this case, Driver B, who is completely at fault possesses a driver’s license, but driver A does not have a license. Driver A can make a claim against Driver B irrespective of the fact that he or she does not have a license.

Negligent Driving and Injuries

The Missouri Supreme court has ruled that the mere failure of a driver to have a driver’s license does not imply a causal relation between the vehicle operation and the injury. In Missouri, for an illegal act to be relevant in a car accident lawsuit, the illegal action must be the one that is designed to prevent the kind of harm caused. For example, in the case discussed above, driver B has committed the illegal act of running a red light and it can be used in the personal injury lawsuit as it is relevant to the way the crash occurred and resulted in injuries. On the other hand, Driver A not having a driver’s license is an illegal act, but has no role to play in the accident and the resulting injuries.

St. Louis Car Wreck Lawyer

If your license has been revoked and you are injured in a car accident caused by a negligent driver, contact a St. Louis car wreck lawyer to get legal help to make a claim and get the rightful compensation. Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 for a free consultation.

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