In California, if you drive after having your driver’s license suspended over a DUI conviction and you cause an accident involving injury, it’s not just a tragic collision, it’s a crime.
Drivers who take the wheel and cause a serious crash after having their license revoked can face a jail sentence. Motorists can be struck from behind by a driver who shouldn’t have been on the road at all. Those victims might suffer severe injuries, and then wonder if justice will be served.
Contact a California Unlicensed Driver Accident Attorney for a Free Consultation
If you or a loved one are hurt in an accident caused by a driver with a revoked driver’s license due to DUI, please speak with a skilled California Revoked License Accident Lawyer. You need to know about every benefit available to you and your family before an unlicensed driver’s insurance company tries to tell you otherwise.
Maison Law of California offers a free case evaluation to all accident victims. It’s a no-risk, no-obligation way to find out what your case is worth. If you decide we can help you get the most out of your road rage accident claim, you won’t need any money to pay us. We don’t get paid unless we win your case for you.
California’s Unlicensed Driver Laws
California drivers who are convicted of driving under the influence and have had their driver’s license taken away face criminal charges if they get out on the road illegally and injure someone.
This is a portion of California Vehicle Code CVC 14601.4:
“ (a) It is unlawful for a person, while driving a vehicle with a license suspended or revoked pursuant to Section 14601.2 to do an act forbidden by law or neglect a duty imposed by law in the driving of the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver. In proving the person neglected a duty imposed by law in the driving of the vehicle, it is not necessary to prove that a specific section of this code was violated.”
Violators are usually found guilty as long as they had knowledge that their license was suspended. It’s assumed they are aware as long as they’ve received a notice from the DMV in the mail.
California Penalties for DUI Driver’s License Revoked Driving
This crime is considered a misdemeanor. DUI offenders who cause an accident while on a revoked license and injure someone face jail time and fines.
The vehicle code goes on to lay out the potential punishments this way:
“(b) A person convicted under this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).”
If this is the second time the offender has been convicted of the misdemeanor in the past five years a more severe set of penalties apply:
CVC 14601.4 “(2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).”
How Can I Get Compensation After an Accident Caused by a Driver with a Suspended License?
After DUI offenders who have had their licenses revoked injure someone in an accident, they will most likely face criminal charges. A criminal trial will occur, but injured accident victims don’t have to wait until a verdict is reached in order to seek compensation.
Victims can file their civil injury claim at any point, regardless of where the suspect’s criminal trial stands. Victims can file as soon as they are ready. A California car accident lawyer can assist in building a strong case with evidence and testimony to make sure a claim has the best chance of earning a settlement.
Victims actually have up to two years to file a personal injury claim, but it’s best if they take action as soon as possible so they don’t lose valuable evidence or lose track of witnesses.
With the help of an experienced California car accident attorney, victims ask for support for every hardship they’ve been through.
These are just a few of the damages that can increase the size of the victim’s accident settlement check:
- Medical expenses now and the estimates for care anticipated to be needed in the future. An emergency room visit and/or a month’s stay in a hospital. This can factor in the costs of living with a permanent disability over a lifetime.
- Physical pain. Chronic pain can lead patients to experience trouble sleeping, trouble focusing, and exhaustion.
- Emotional anguish. Anxiety and depression can set in when there’s a loss of enjoyment of life due to serious injuries. A loss of consortium deals with the loss of intimacy with a spouse.
- Travel to and from medical appointments while you may be off your feet. The costs of visiting out-of-city specialists.
- Income lost while the victim has been away from work. This would include any paychecks missed and benefits lost.
- Car repair or replacement costs. Personal property damage.
What If a Driver with a Suspended License Hits Me and Doesn’t Have Car Insurance?
You can still get injury compensation. You would file a claim with your own auto insurance company. This claim would be filed against your own insurance provider under the uninsured motorist coverage.
It’s critical to remember that your own insurer can work against you to limit the amount of support you receive. You may only get enough in compensation to pay for one night in an emergency room when you could have weeks of physical therapy or another surgery ahead.
A skilled California car accident lawyer makes sure a settlement offer is enough to cover the costs you could face in the future. If not, your lawyer sends it back to the insurance company and demands more.
Contact a California Suspended License Car Accident Lawyer
After a driver with a suspended license hits your car and injures you or a loved one, make sure to speak with a skilled California Car Accident Lawyer. A convicted DUI violator who shouldn’t have been on the road should never escape accountability for your injury recovery.
Martin Gasparian, the founder of Maison Law, offers all California victims a free, no-obligation case consultation. Contact Maison Law to learn about your rights after an accident before an at-fault driver’s car insurance company tries to deny you compensation.
We are also available to help families who lose precious loved ones to a deadly accident caused by a driver with a suspended license. We assist families by filing a wrongful death claim on behalf of close relatives to see that they receive the support they need for funeral costs and in replacing the income the deceased can no longer provide.
