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Driving on a Suspended License and Causing Injury

Being injured by someone driving on a suspended license can be devastating. At The Law Offices of John M. McCabe, we have experience in helping victims recover maximum compensation when they've been harmed by drivers who shouldn't have been on the road in the first place. Understanding your rights in these cases is crucial to protecting your interests and securing the compensation you deserve.

North Carolina Laws Supporting Your Injury Claim

Several North Carolina statutes strengthen injury claims against suspended license drivers:

Driving While License Suspended (NCGS § 20-28)

"Any person whose driver's license has been suspended or revoked and who drives any motor vehicle upon the highways of the State while the license is suspended or revoked is guilty of a misdemeanor."

This violation of law can be used to establish negligence per se in your injury claim, making it easier to prove liability.

Negligence Per Se (NCGS § 20-4.01)

North Carolina follows the negligence per se doctrine, which means that violating a safety statute (like driving on a suspended license) is automatically considered negligent behavior. This works in your favor as an injury victim.

Punitive Damages Statute (NCGS § 1D-1)

"Punitive damages may be awarded only if the claimant proves that the defendant is liable for compensatory damages and that... the defendant's conduct was malicious, willful, or wanton."

Knowingly driving on a suspended license can qualify as willful or wanton conduct, potentially allowing you to recover punitive damages above and beyond your actual losses.

Statute of Limitations (NCGS § 1-52)

"Within three years an action... for personal injury or physical damage to claimant's property shall be brought within three years from the date such action accrues."

This means you must file your lawsuit within three years of the accident date, making it crucial to contact our firm as soon as possible.

Enhanced Recovery Potential in Suspended License Cases

When you're injured by a driver operating with a suspended license, your personal injury claim may be significantly stronger. Here's why:

  1. Evidence of Negligence: Driving on a suspended license is evidence of reckless behavior that can strengthen your injury claim
  2. Potential for Punitive Damages: North Carolina courts may award additional punitive damages when injuries are caused by someone knowingly driving without a valid license
  3. Multiple Liable Parties: In some cases, we can pursue claims against vehicle owners who knowingly let suspended drivers use their vehicles

Compensation You May Be Entitled To

As your personal injury attorneys, we'll fight to recover full compensation for:

  • Medical expenses (current and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Rehabilitation costs
  • Long-term care needs
  • Punitive damages (in cases of extreme recklessness)

Why These Cases Require Legal Experience

Injury cases involving suspended license drivers are more complex than typical car accident claims:

  • Insurance companies may try to deny coverage due to the suspended license
  • Multiple insurance policies may be involved
  • Evidence of the license suspension must be properly documented and presented
  • Special legal arguments may be needed to pursue punitive damages
  • Criminal proceedings against the driver may impact your civil case

Common Reasons for License Suspensions in North Carolina

Understanding why the at-fault driver's license was suspended can impact your case. Common reasons include:

  • Previous DWI/DUI convictions
  • Accumulation of traffic violations
  • Failure to maintain insurance
  • Failure to pay traffic fines
  • Missing court appearances

The reason for suspension may affect the strength of your injury claim and the potential for punitive damages.

Steps to Take After Being Injured by a Suspended License Driver

If you've been injured by someone driving on a suspended license, taking these steps can protect your right to compensation:

  1. Seek immediate medical attention
  2. Report the accident to law enforcement
  3. Document everything about the crash
  4. Avoid discussing the accident on social media
  5. Don't accept quick settlement offers from insurance companies
  6. Contact our experienced personal injury attorneys

How The Law Offices of John M. McCabe Can Help

Our firm has experience in maximizing compensation for victims injured by suspended license drivers. Our Raleigh car accident lawyers will:

  • Thoroughly investigate the accident and driver's history
  • Document all evidence of the suspended license
  • Work with medical experts to fully assess your injuries
  • Calculate all current and future damages
  • Handle all insurance company negotiations
  • Prepare your case for trial if necessary
  • Pursue maximum compensation through every available avenue

Proving Your Case and Maximizing Compensation

Our legal team excels at building strong cases for clients injured by suspended license drivers. We:

  • Obtain official records of the driver's license suspension
  • Gather evidence of the driver's knowledge of the suspension
  • Document all accident-related expenses and impacts
  • Work with expert witnesses to strengthen your case
  • Present compelling evidence for punitive damages when appropriate

Time Limits for Filing Your Claim

North Carolina has strict deadlines for filing personal injury claims. Generally, you have:

  • 3 years from the date of injury to file a lawsuit
  • Shorter deadlines if government entities are involved
  • Additional time considerations if criminal charges are pending

Don't wait to seek legal help. Evidence can disappear, and witnesses' memories can fade. Early action helps us build the strongest possible case for you.

Contact Us for a Free Consultation

If you've been injured by a driver with a suspended license, The Law Offices of John M. McCabe is here to help. Our experienced personal injury lawyers will evaluate your case for free and explain all your legal options. We work on a contingency fee basis, meaning you pay nothing unless we win your case.

Let us put our experience and dedication to work for you. Contact us today to schedule your free consultation and learn how we can help you secure the compensation you deserve.

The Law Offices of John M. McCabe - Fighting for Maximum Compensation for Injury Victims Throughout North Carolina

Cary, NC
© 2022 The Law Offices of John M. McCabe, P.A. | All Rights Reserved

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