My license is suspended for failure to pay for a ticket. I was on my way to church to pick up my daughter when this car made a left turn infront of me and I hit her but I had the right away. Am I liable for this? What are my options? I live in California.
2007-09-27 13:43:49 · 17 answers · asked by blockhead 1 in Politics & Government ➔ Law Enforcement & Police
How come you are asking this now and don't know? Are you in the car now on a laptop? The police officer or deputy should tell you and you would know from the citation you received if you are liable or not.
This sounds more like a rhetorical question than fact.
2007-09-27 13:54:10 · answer #1 · answered by Charlie Fingers 4 · 2⤊ 1⤋
Assuming that the accident was not your fault, I know of nothing which makes you civilly liable merely because you were driving with a suspended license. If that were true, every unlicensed driver who got in an accident would be civilly lliable despite fault, and that is just not the case. As was said in People v. Taylor (1986) 179 Cal.App.3d Supp. 1: "[L]icensing laws are regulatory by definition. Licensing violations are entirely irrelevant to the determination of the cause of damages."
I note, however, that the ruling in Taylor, that a defendant convicted of driving on a suspended license (which is a distinct possibiity) could not be required to pay restitution as a condition of probation, might be questionable in light of People v. Carbajal (1995) 10 Cal.4th 1110. However, that still would not result in civil liability.
2007-09-28 08:58:52 · answer #2 · answered by Anonymous · 3⤊ 0⤋
You did not belong driving. Case Closed. If you had not driven, the accident never would have happened. Even if you "had the right of way" , the other guys lawyer will argue you never should have been in that position to begin with, so everything you did after turning the key was unlawful.
Plus, who says you had the right of way. Where you speeding? Who knows. Your credibility is already shot and you have shown yourself to already be irresponsible by getting a ticket in the first place AND then not paying it and/or responding to it.
You still have to face the original ticket...you will lose
You probably got another ticket after the accident...you lose
You will lose the civil suit
Your insurance will go through the roof.
Your license will be suspended AGAIN.
Sorry to sound mean, but its people like you that raise insurance rates for the rest of us, injure people, cause all sorts of heartache etc etc.
Good luck!
2007-09-27 13:57:46 · answer #3 · answered by Anonymous · 2⤊ 1⤋
You should know better than to drive on a suspended license.. first of all ... failure to go to pay is a crime.. second..driving on suspended license is crime 2... and third ... yes you are liable for the accident ... your gonna be lucky if the people you dont sue you.... and last of all U have no options...
2007-09-27 13:54:07 · answer #4 · answered by ~~~Buffy~~~ 6 · 1⤊ 1⤋
Let's get this straight. You were driving with a suspended license. You broke the law. Of course you are liable.
2007-09-27 13:48:45 · answer #5 · answered by MKC 4 · 2⤊ 1⤋
IT MOST DEFINITELY IS YOUR FAULT that you were driving on a suspended license. You are probably not liable for damage to the other party's car, but you license is probably no longer suspended. It has probably been revoked.
2007-09-27 14:58:21 · answer #6 · answered by STEVEN F 7 · 1⤊ 1⤋
You are not at fault for the accident, but you are still liable for not having a license.
Worst case, she sues with the argument you should have never been there anyway. It is nothing but trouble.
2007-09-27 13:49:01 · answer #7 · answered by trooper3316 7 · 2⤊ 0⤋
You say it's not your fault?? Well.. the ACCIDENT might not be your fault, but you shouldn't have been driving with a suspended license!! You just violated your probation. Good luck on that one.
2007-09-27 15:01:34 · answer #8 · answered by linz 4 · 0⤊ 0⤋
You were at fault because you had no business being behind the wheel with a suspended license.
2007-09-27 18:17:27 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Your answer will be that If you were not driving on a suspended license you would not have got in an accident.
2007-09-27 13:49:08 · answer #10 · answered by Anonymous · 2⤊ 1⤋