Asked in Personal Injury, Traffic Tickets and Car Accidents for Kansas

Q: I was involved in a car accident in September... the other driver got cited for driving on suspended license and

Also got cited for no interlock device in the vehicle.... he was driving someone else's vehicle.

It was an uncontrolled/open intersection.. I got cited for fail to yield the right of way... what are my options.....can't I fight this

Can I sue him or the owner of the vehicle.? He drove Knowingly that his license was suspended and he had no interlock device in the vehicle.. wouldn't he be at fault automatically

..

2 Lawyer Answers
David Adams
David Adams
PREMIUM
Answered
  • Personal Injury Lawyer
  • Olathe, KS
  • Licensed in Kansas

A: Unfortunately, he would not be liable automatically, but those facts would contribute to having a jury determine that he was, in fact, at fault. Ultimately, it would be up to a jury to place a percentage of fault on each of the drivers. They could determine that the other driver was 90% at fault, and you were only 10% at fault - or they could decide any other combination. Finding out about the other driver's driving history, the facts of the accident, and any other relevant facts could affect the outcome. Getting a full legal review and assessment would be important in getting a decent result.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: As a general matter in most jurisdictions, those factors could be used to limit the potential damages of the driver who was in violation. It does not make them automatically liable - fault is still determined according to the interaction of the vehicles. In most jurisdictions, the penalty could be preclusion of certain types of damages, generally including pain and suffering or similar non-economic type losses. Additionally, it could undermine their credibility before jurors if the case went to trial. Good luck

Tim Akpinar

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