Can an unlicensed driver be sued for causing an accident in Baton Rouge?

Baton Rouge, LA – Each state regulates who can drive on their roads by issuing driver’s licenses. However, there are some individuals who simply choose to drive even without the proper credentials. It is also possible that someone who does not have a driver’s license will be involved in an accident, and it is likely that they will not have auto insurance either. In these situations, the best remedy available to the victim is to file an injury lawsuit against the person responsible and make them pay for any damage that they caused. 

Reasons for unlicensed driving

It is possible that someone has been driving without ever obtaining the proper training and credentials to legally operate a vehicle. Young people sometimes do not wait to get a valid license, and start to drive anyway. It is also possible that a person had a license, but at some point it was suspended or revoked due to serious traffic offenses such as drunk driving. There are large numbers of drivers on the roads in Louisiana and other states who fall into these categories, and it is a serious problem. Data has shown that a significant percentage of fatal and serious accidents involved unlicensed drivers or those who already had their license suspended. 

Filing a negligence lawsuit

A negligence lawsuit can be filed against any person, business, or entity that is responsible for the accident. The party at fault is named as a defendant, and if they are found to be liable they will have to pay for the plaintiff’s losses because they did not exercise reasonable care. The negligence doctrine essentially argues that this failure to follow the proper standard of care was the direct cause of the plaintiff’s losses. 

Evidence of negligence

In car accident lawsuits, something like driving a license or violating other traffic laws can be considered by a jury or during settlement negotiations as evidence of negligent behavior. In this sense, evidence of unlicensed driving may make it easier for the plaintiff to prove fault and succeed in their lawsuit. However, all four elements of negligence still need to be shown, and the fact that the driver was unlicensed does not guarantee a win in court for the plaintiff.  

Paying the victim

If the defendant is found liable and they do not have auto insurance, they will be personally liable for any of the plaintiff’s losses. It may be difficult to collect large sums of money from people in these situations if they do not have the financial means to pay out the proper amount of damages. 

Help from an injury lawyer in Louisiana

Lawyers who work in the Baton Rouge area are available to assist after any accident. Miller, Hampton, and Hilgendorf is a firm that has extensive experience with personal injury law and helping local clients. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com