Expert Advice When You Need It Most

Can a driver sue if he was driving on a DUI suspended license and had alcohol in his system?

A friend was in an accident where he turned and did not see the
other driver. He went to court and was found not guilty of causing
the accident. We found out the State Attorney's Office is pursuing
the other driver for driving on DUI suspended license and also he
had alcohol in his system. He was hurt and taken to the hospital.
The State Trooper said if he had not been hurt he would have went
to jail. He was not even allowed a hardship license for work or school.
Now he has hired an attorney and they will not
leave my friend alone. He had given a deposition once. Now they
want him to drive to Orlando to give it again. Does he have to? I was
told they need to pay him for his time, is this true? How does he
even have the right to sue when he had no license??

Save

Attorney answers (3)

Reputation Level 16
The status of a license is an administrative matter between the driver and the state of Florida. It has no bearing on whether your buddy was negligent - which it sounds like he was. The ticket also has no bearing on the personal injury claim. Your buddy's best hope is that the other driver was also negligent. If more than half at fault for his own injuries, the intoxicated driver may even be barred from any compensation on his claim, under Florida's alcohol defense.
The second deposition is something that his lawyer will likely object to. It's usually the plaintiff in an injury suit that gives a second deposition after a period of significant medical treatment or other new development. I have never seen multiple depos of the defendant, personally.
3 people marked this answer as good

Reputation Level 12
I agree. I would add that your friend should have the assistance of counsel if he had a valid insurance policy at the time of the accident. The insurance company will pay for his defense and that should allow for the appropriate objections to multiple depositions etc. Good luck!!
3 people marked this answer as good

Reputation Level 20
A person has a right to sue, whether they have a license of not, if the other driver was negligent.
3 people marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now