Unless your state has a statute which would prohibit it, you should be able to sue the adverse driver. Having or not having a license does not bear upon negligence or comparative negligence as a general rule.
You should refuse to give any statement to the adverse insurance carrier and do not give them access to your medical records until you have an opportunity to retain your own personal injury counsel to represent you in this type of situation. Do Not Delay in Seeking Counsel.
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.
You have 2 separate issues: one is your driver's license, which I will address below, and the other is the collision caused by the truckdriver.
You were injured and arguably due to the truck driver's negligence. Your license status should not impact your rights in that regard.
As to the driver's license, there are many issues to discuss such as why it was suspended and what needs to be done to get it reinstated. These are things I can answer with a little more information.
I suggest you call me. Stephen Hoffman 773-944-9737.
The short answer to your question is yes. Your license status and who is responsible for the accident are seperate questions. If the driver of the tractor-trailer is at fault, you should be able to recover. The advice not to give a recorded statement before speaking with a lawyer which you received from my colleague above is good advice. I urge you to contact a personal injury lawyer right away if you are interested in pursuing a claim for your injuries.
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