What Happens if You Get Into an Accident With an Expired License?
Nov 29, 2023
Getting into a car accident is a stressful situation, and it becomes even more complicated if you were driving with an expired license. In Arizona, driving with an expired license is a violation of the law. Let us examine the potential consequences and legal implications if you are involved in an accident with an expired license in the Grand Canyon State.
Legal Consequences of Driving with an Expired License
Traffic Violation: Operating a vehicle with an expired license is considered a traffic violation, subject to fines and penalties.
Insurance Challenges: Insurers may use the expired license as grounds to contest claims, underscoring the need for legal guidance.
Officer Response at the Accident Scene
Law Enforcement Action: Responses vary; while some officers might issue warnings for recent expirations, others could issue citations, especially for significantly lapsed licenses.
Possibility of Citations: Depending on the circumstances and the duration of the license expiration, an officer may choose to issue a ticket.
What Happens if the Accident Occurred Due to the Negligence of the Other Driver?
When the other driver is at fault for an accident in Arizona, but you were driving with an expired license, several factors come into play, affecting both legal and insurance aspects.
Fault Determination
Primary Responsibility: The fact that the other driver caused the accident is central to your claim. Arizona follows a fault-based system, meaning the at-fault party is typically responsible for the damages.
Impact of Expired License on Liability
Limited Impact: In general, your expired license, while a traffic violation, might have limited impact on determining liability if the other driver was primarily at fault.
Insurance Assessment: The other driver’s insurance company may investigate the circumstances, but if they are deemed predominantly responsible, your expired license may not be a significant factor.
Insurance Claims Process
Filing a Claim: In Arizona, you should still be able to file a claim with the at-fault driver’s insurance for compensation, even with an expired license.
Possible Challenges: The other driver’s insurance might attempt to use your expired license as a point of negotiation or to minimize the settlement, but it will not outright negate your right to seek compensation.
Comparative Negligence Considerations
Arizona’s Comparative Negligence Rule: Arizona follows a pure comparative negligence system. If the other driver’s insurance can argue that your expired license contributed to the severity of your accident and injuries, the compensation you receive might be reduced.
How an Experienced Arizona Personal Injury Lawyer Will Protect Your Right to Compensation?
When dealing with a personal injury claim in Arizona, especially where driving with an expired license is a factor, having an experienced personal injury lawyer becomes vital.
Building a Strong Case
- Gathering Evidence: The lawyer will collect evidence supporting your claim, focusing on the other driver’s negligence as the primary cause of the accident. This may involve obtaining witness statements, accident reports, and any available surveillance footage.
- Mitigating Factors: The lawyer will work to mitigate the impact of your expired license on the case, emphasizing that it does not diminish the other driver’s responsibility for the accident.
Effective Negotiation with Insurer
- Presenting a Compelling Argument: Armed with strong evidence, your attorney will negotiate with the insurance company. They will present a compelling argument that establishes the at-fault driver’s liability while addressing any concerns related to the expired license.
- Highlighting Relevant Laws: Your lawyer will leverage their knowledge of Arizona’s laws, emphasizing that personal injury claims are not automatically invalidated by a traffic violation, especially if the other driver is primarily at fault.
Trial Preparation and Advocacy
- Preparing for Trial: If negotiations fail to yield a satisfactory settlement, your lawyer will be prepared to take your case to trial. They will gather additional evidence, interview witnesses, and build a strong courtroom strategy.
- Advocating in Court: In the event of a trial, your attorney will present a compelling case before a judge and jury. They will skillfully argue that your expired license, while a separate issue, should not overshadow the primary liability.
Why Choosing Wattel & York is Your Best Bet to Maximize Compensation in Arizona Personal Injury Cases
When you have a personal injury claim involving an expired license, choosing Wattel & York is a strategic move. With a proven record of large settlements and verdicts and a commitment to maximizing compensation for injured victims, our experienced Arizona personal injury lawyers are fully equipped to handle complex situations.
In instances where the at-fault driver’s insurance company may attempt to deny or diminish a claim due to an expired license, our lawyers will vigorously pursue the largest possible damages, whether through negotiation or trial. To schedule your free consultation with an Arizona personal injury attorney at Wattel & York, call us today at 877-572-4143 or contact us online.