In Indiana, a driver’s license can be suspended for a variety of reasons, which include driving while intoxicated, driving without insurance, serious traffic infractions or medical conditions. The need for transportation often tempts individuals to drive on a suspended license, risking criminal and civil charges, especially if an accident they cause results in bodily injury or death. However, what happens when a driver is not at fault and is injured? Understanding your legal rights, regardless of driving status, is vital for seeking compensation for injuries and damages.

In Indiana, an individual can still pursue a personal injury claim if they were hurt while driving on a suspended license. The ability to seek compensation for injuries sustained in an accident is not directly impacted by the status of a driver’s license. As with most personal injury cases, the primary considerations will be who was at fault, negligence, and the extent of injuries and damages.

When a suspended driver is hurt in an accident, the Modified Comparative Fault Rule would apply, meaning an injured party can only recover damages if their fault is 50% or less. If they are found to be more than 50% at fault, they cannot recover any damages.

However, even if a driver was not at fault, their situation can be complicated when a suspended license is involved. Legally, they may face penalties, further suspensions, or even jail. Although these criminal defense matters are separate from the personal injury, they may create challenges to the overall legal situation. For example, insurance companies may challenge the credibility or responsibility of a driver in an effort to avoid or reduce payment. And while these factors can potentially influence the outcome of a case, they do not negate a person’s right to seek compensation.

The primary focus will be proving the other party’s fault in causing the accident. If the person with a suspended license can demonstrate that the other driver was negligent and responsible for the accident, they may have a valid claim for compensation.

Because of the complex nature of these cases and the intricacies involved, it’s advisable to speak with an experienced personal injury lawyer who can assess your case, ensuring that your rights are protected and maximizing your chances of a successful outcome.

If you or a loved one have been involved in an accident involving a suspended license, contact Hurst Limontes to discuss your options. We have over decades of combined experience fighting for our clients in complex cases and work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.

Call 317-636-0808 or complete the form below for a FREE and confidential consultation.