It should go without saying that you should not be driving with a suspended or revoked license in Arkansas. Doing so is illegal and will subject you to fines and legal consequences. However, it does not mean someone is immune from liability if they injure you in a car accident.
Civil liability is based on negligence. If someone is reckless or negligent and hurts another person, they could be held financially responsible for the harm they caused. Driving with a suspended license does not equate to negligence. However, it does present additional challenges if you were in an accident. You need our experienced Arkansas car accident lawyers on your side.
Do not assume you do not have any rights if you were involved in an accident but had a suspended license. Call GKD Law at (479) 316-0438 to discuss your options and next steps.
What Is a Suspended License in Arkansas?
If you have a suspended driver’s license in Arkansas, it means you are unable to lawfully operate an automotive vehicle until your license has been reinstated. Depending on the circumstances, your license could be suspended for a defined period or indefinitely. If your license was suspected for a definitive time, you will be allowed to pay to reinstate it after the required time has passed. Indefinite suspensions could last for a significant period, often until a driver passes a required training course or satisfies a judgment.
What Are Some Reasons for a Suspension or Revocation of a Driver’s Licenses in Arkansas
In Arkansas, the Office of Driver Services has the authority to revoke or suspend your license for a wide range of driving offenses. Suspension is temporary, while a revocation means your driving privileges have been terminated.
Drug and Alcohol Offenses
Certain alcohol and drug offenses could result in a suspension or revocation. For example, you could lose your license if you were driving while intoxicated and refused to comply with alcohol testing. If you are under the age of 21, you will likely face additional consequences.
Points-Based Licenses Suspensions
Arkansas, like many other states, assigns points to various traffic and driving offenses, including reckless driving and speeding. If you accumulate 14 or more points over 36 months, your license will likely be suspended.
Other Common Reasons for Suspensions in Arkansas
There are other reasons you could lose your driver’s license in Arkansas. For example, the Office of Driver Services could find that your driving habits are reckless. If you were involved in an accident that resulted in a death or serious injury, you could lose your license. You could also lose your license if you committed fraud when allying, allowed it to be used illegally, or if you used a fake license.
Suspended Licenses and Determining Fault in an Arkansas Accident
Driving with a suspended or revoked license is a crime. You could be charged following an accident. However, that does not mean you lose your right to seek compensation from a negligent driver if they caused the accident. You should contact our Arkansas car accident attorneys to determine if you have grounds for a personal injury claim.
The fact that you did not have a valid driver’s license does not mean you were at fault or should be held liable for an accident. However, insurance companies will routinely use this fact against an accident victim. By making someone believe that their rights are limited because they were operating their vehicle with a suspended license, an insurer will attempt to settle an accident claim for significantly less than your claim is probably worth.
Suspended Licenses and Comparative Negligence in Arkansas
Fault is determined by the negligent conduct of the parties involved in the accident. While driving without a license is not evidence that you caused the accident, you could still be found to have contributed to the crash. Under Arkansas law, personal injury claims follow a modified comparative negligence theory. This means that a plaintiff’s compensation could be reduced if their conduct played a role in the accident. In cases where a plaintiff is found to be 51% or more responsible for an accident, they are prohibited from receiving financial compensation from the defendant. A jury will likely find that driving without a license contributed to an accident – especially because you should not have been on the road.
Defense and insurance attorneys will argue that the percentage of fault you should be assigned is substantially higher than it should be. Our experienced Fayetteville personal injury attorneys will have to present a case that shows the defendant was negligent while downplaying your part in the accident. If any of your conduct was careless, the suspended license could exacerbate its impact.
Penalties for Driving with a Suspended License in Arkansas
Just because you have the right to sue for financial damages after an accident does not mean you are free from any consequences for driving with a suspended or revoked license. Under Arkansas law, driving without a valid license is a misdemeanor with a minimum two-day jail sentence and a maximum time of six months. You could also be fined $500 in addition to having your license suspension increased or revoked. When discussing the details of your accident with one of our Arkansas personal injury attorneys, you need to be candid about the suspension and the remains for losing your license. Without complete information, our law firm will not be able to provide the service you require.
Contact Our Arkansas Car Accident Attorney if You Were in a Crash with a Suspended License
Driving without a license is never a good idea. Driving with a suspended or revoked license is criminal. However, that does not mean you lose your legal rights if a negligent driver injured you. Not having a valid license presents additional challenges that our Bentonville car accident attorneys are prepared to answer. Do not let driving with a suspended license prohibit you from pursuing the compensation you deserve. All our law offices at (479) 316-0438.