Accident with a person with suspended license

[mmoh]

What is the name of your state (only U.S. law)? Florida

(this was also posted in Traffic Ticket Forum since it has a traffic ticket component as well as an accident component)

My wife was at a T style intersection preparing to make a left onto Anderson Rd from Benjamin Rd in Tampa. There is a grass median on Anderson road that separates the two lanes going south and the two lanes going north. My wife was stopped at the stop sign and checked to ensure no cars were coming left to right so she could cross the median go with the traffic going left. Once a few cars went by there were no cars in sight (no blind spots or sun shining in the eye) and she started to drive out. Once she started to cross the 2nd lane that was going right, a car came hit the front side and the front of the car. The car was not there when she checked, so have no idea how the car appeared that fast. The other driver was driving with a suspended license. The cop said a witness confirmed my wife was at a stop sign and broke no laws. The cop said he doesn\'t believe she did anything wrong but gave her a violation of right of way. Other driver claims hurt.

First of all, policeman says he spoke to a witness saying that my wife indeed waited at the stop sign. The cop said he is not saying she is at fault, but regardless of how the other driver appeared all of a sudden, he technically had the right of way so since there was an accident he has to give her a ticket.

We're in the dilemna of whether or not to contest the ticket and possibly lose and not be able to guarantee points won't be added to her license...versus....taking Driver Class to get no points on license and just pay the fine.

Do you see how she would be liable for this accident even though the other driver was driving with a suspended license?

Do you think the supposed violation of right of way is going to cause this insurance claim to go against us, and if that is the case should we fight it and risk having points added?

Thoughts on this? We have to talk to the adjuster today and need to know if we are going to go ahead and contest the ticket or not....so any thoughts from anyone in a short amount of time today would be greatly appreciated

 

[FlyingRon]

Right of way does not depend on the driver having a valid license.

In some places excessive speed does void the right of way, but you've not shown that such was the case.

The presumption is that when through traffic has the right of way and if you pull out of a stop sign controlled street and hit the through traffic you didn't properly yield.

I had that happen to me I was coming down a through street and I saw the cross traffic stop and just about the time I entered the intersection I saw him start to go. Couldn't avoid the collision. Driver stated he didn't see me, but the judge points out that sometimes you fail to observe, but that doesn't mean you're not guilty.

 

[OldandTired]

First line of defense; check local law regarding culpability when involved in an accident when the vehicle should not have even been on the road.

If state law says a person must have a driver's license and/or insurance before operating a motor vehicle, and one or the other is not present, then that vehicle should not have been on the roadway at all, making the other person responsible for the accident.

While you are wanting to contest the ticket, traveling into the right-of-way in the path of an oncoming vehicle makes the person making the move into the path of that right-of-way responsible should an accident occur.

If the other driver had not been operating the vehicle with a suspended license, this accident would not have occurred at all. The other vehicle wasn't supposed to be there, according to local traffic laws.

 

[mmoh]

Thank you both. OldandTired...do you know where would be the best place for me to find this out? "check local law regarding culpability when involved in an accident when the vehicle should not have even been on the road".

 

[OldandTired]

Call your local PD and speak with an officer. They can give you statute numbers and anything else related, if this applies to your state.

 

[j991]

There is case law that finds that a driver with reasonable knowledge that they should not be driving is then liable for any accident regardless of whether they contributed to the accident cause. It is something that you will need to find an attorney to study. I don't know the case law off the top of my head. But the basic theory as already explained is that if the suspended driver knew that they were not suppose to be driving was disregarding that suspension then he/she is liable for whatever results from their decision to drive.

 

[ReformedMan]

If state law says a person must have a driver's license and/or insurance before operating a motor vehicle, and one or the other is not present, then that vehicle should not have been on the roadway at all, making the other person responsible for the accident.

Absolutely incorrect information. Listen to FlyingRon; he, unlike oldandtired, actually has an understanding of the law.

 

[ecmst12]

The other driver's license status is COMPLETELY IRRELEVENT to the accident and no defense whatsoever to your wife running the stop sign. She was wrong; her insurance will pay for the damage. If she can go to traffic school to avoid points, she should do that but NOTHING will remove her liability for the accident.

 

[OldandTired]

Which I believe is why I included this, because I do have quite an understanding about the laws of right-of-way. There are 3 different arguments here.

While you are wanting to contest the ticket, traveling into the right-of-way in the path of an oncoming vehicle makes the person making the move into the path of that right-of-way responsible should an accident occur.

 

[OldandTired]

no defense whatsoever to your wife running the stop sign.

Ummm......she didn't run the stop sign.

 

[ecmst12]

When a car is at an intersection where they have a stop sign and cross traffic does not, they are required to not only stop, but stop and WAIT UNTIL TRAFFIC IS CLEAR before proceeding. Had she done that, she would not have hit the other car. It does not matter that she stopped and looked first, clearly she proceeded before it was safe to do so, ergo she ran the stop sign.

 

[mmoh]

My wife is super cautious and has never gotten in an accident or gotten a ticket before this. She tells me that someone going down the street was swerving and driving careless when she was thinking about crossing, but she stopped and waited and was extra cautious as a result. she checked and waited until no cars were in sight at all and started to cross...where this car came from is the big question. the guy was likely speeding.

the police report says he was going 45 and my wife 35mph which was obviously not the case...my wife was going 5 to 10 mph as she only just started driving across about 7 ft or so from the stop sign before this car came out of nowhere. he was obviously not going 45 either. i think he was sleep at the wheel or something but i can't prove any of that.

1) so you say that there is no case for my wife to get out of the "violation for right of way"?

2) she should just go ahead and pay the fine and go to driver school to avoid points versus contesting the ticket (then this could be used against her if the suspended license driver decides to sue, right?)

3) if she does plea guilty and pay the fine, then this will affect the insurance payment and force us to pay versus the other driver taking FULL responsibility since "he should not have been on the road" and paying for everything w/o us having to pay a deductible....(Both my wife and the other driver have GEICO)

4) if GEICO says my wife's car is totaled and says they'll give $5k for blue book value and I owe $15k, can we sue for the remainder....or is GAP insurance already guaranteed?

 

[infamous_insane]

4) if GEICO says my wife's car is totaled and says they'll give $5k for blue book value and I owe $15k, can we sue for the remainder....or is GAP insurance already guaranteed?



if the car is totaled and theres a lein on the car, and geico has the lien info, the lein will be paid off, minus the deductable.

if geico doesnt know about the lien, then u might have a problem. you can never tell with geico.

im sorry, it was your wifes fault, she violated right of way, the other driver had no license, that makes no diffrence. geico might drop him because of it but geico is fine,, they insured both cars. they just have to pay themselves. sorry.

 

[ecmst12]

I answered your questions already. That the other driver had the ROW is indisputable. She is at fault and that's all there is to it. It was an accident, it doesn't make her a bad person, especially since she has insurance to take care of the damage. Don't worry too much about it.

I hope those were just example numbers you were using for your car, because I can't even FATHOM how you could end up being $10k in the hole on your loan; even the SHADIEST of loan companies won't usually take that kind of a risk. But your loan is between you and the leinholder and the Gap carrier. There is no one you can sue for it. Since I haven't read your gap policy, I can't tell you what their limits might be, you'd have to ask them.

 

[OldandTired]

Response from FHP: (I stated my argument the same as here, I am incorrect)

Dear Mr. ****,

I understand your argument however, the underlying fault of the crash was your violating the right of way of the other driver. This has been before the courts many times over and their opinion has remained the same.

Captain Mark D. Welch
Chief of Public Affairs
Law Enforcement Services
Florida Highway Patrol
2900 Apalachee Parkway, MS 44
Tallahassee, FL, 32399-0500
Office: 850.617.2301
Fax: 850.617.5108
[email protected]
Official Website Florida Highway Patrol