Lawyer for the Truck driver

Asked about 4 years ago - Houston, TX

My father is a Dump Truck driver and was in a accident about 8 years ago and was at fault. The accident did not involve ambulance or anything. However; my father worked for a company at the time that said that they would take care of everything. Several years later the company went under and my father moved on to another company. Well, yesterday he received a letter that his license had been suspended resulting from this accident years ago. Honestly, my father makes enough to get by and suspending his license leaves him with nothing. What should he do? How can he get his license back? Will he ever get it back. Please help with any advice.

Thanks
Antonio

Additional information

Thanks for your advice!

Some key information missing might be that the person my Father hit was suing the company he worked for. Now my Dad was purchasing the insurance through his company and was told they would take care of the accident problem, not to worry. My Dad's insurance went up at the time and he paid it on a monthly basis. He still has the stubs from back then. Again this has been about 8 years ago. So is it possible that this company he worked for then ignored this problem and went into bankruptcy leaving this problem to my Dad? My thought is that this company was not ran correctly and ignored the issue and now the person suing the company is after my father. Like I said before my Dad makes just enough to get by and wouldn't even know where or how to pay this. Again, Thanks for your advice and time!

Attorney answers (3)

  1. Nima Taradji

    Contributor Level 16

    Answered . There are some key information missing from what you have written. But, you simply may not know the answer - just because there was an accident where you father was at fault it does not result in a suspension of his driver's license. Looks like there is a judgment entered against him and the judgment has gone unpaid and so the license has been suspended and will remain suspended until the judgment is paid or satisfied in a way.

    He needs to find out the exact reason for the suspension, the court number and get a copy of the judgment upon which this whole things in based. Because judgment are only valid for so many years (generally from 7 to 10 years and are renewable) he needs to find out whether the judgment is still valid.

    The long and the short of it is that the judgment needs to be dealt with: either show the court that it is no longer valid, or that it has been vacated, or that it has been satisfied. Meanwhile, he may be able to petition and get his license so as to be able to do his work and make a leaving.

    He certainly would benefit from engaging the services of an attorney to help him in this and if he cannot afford one, he may be able to get pro bono help from legal aid services available in most Courts- the Clerk of the Court will be able to guide him for that.

    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.

  2. David Benjamin Ross

    Contributor Level 9

    Answered . The prior response is correct in that more information is needed. A license is not just suspended for having an accident. He may have been issued a citation later by the Police and didn't receive it and missed an important court date. There could be some type of judgment or other obligation out there. Most states will allow you to get a ten year driving history and that may a resource to attempt to see what was placed on his history. There are attorneys who specialize in this area if you cannot take care of it yourself, but be careful as sometimes you can make things worse if you request certain kinds of hearing or relief and then lose at the hearing level because you failed to prove something you were required to prove.

    I would pull the driving history through the DMV and then consult an attorney. You will have to ask around a little bit to find one who does this sort of law.

    I am licensed to practice law in PA and GA. My response is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. In a forum such as this, many important facts are often omitted that would affect the viability of a claim or the deadline to file to preserve such a claim. If legal advise is needed, please confer with an attorney in your state in order to insure proper advice is received.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . I suggest that your father contact the insurance company that he had been paying and which insured him at the time of the incident and see whether or not they ever paid this claim. Hopefully they can help him to get this straightened out. Your father should also contact his state's motor vehicle Dept. and find out exactly what he needs to do to clear his record.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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