Asked in Personal Injury and Car Accidents for Oklahoma

Q: If I'm injured in an auto accident while driving under suspension can I still Sue

The other driver admitted to running the light and the officer did say that the young lady admitted fault & to running the light and hitting me. There's witnesses to the accident. I was taken by ambulence to the hospital with a concussion and injury to back , arm & head. They were ticketed for running the light & I was ticketed for driving under suspension. They are insured through Old American Indemnity

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: Only an Oklahoma attorney could advise here, but your question remains open for three weeks. Until you are able to consult with a local attorney, a GENERAL premise followed nationwide (subject to state law distinctions) is that liability is separate from the underlying offense - no license, suspended license, no insurance, etc. The underlying violation (unless it pertains to safety or equipment that had a bearing on the accident) does not generally impact fault. So a very simplified answer is that a person may still be entitled to damages.

States may differ in how they treat the situation. Some may preclude recovery for pain and suffering and only allow recovery for economic damages. Additionally, the other side's liability does not negate fines, penalties, or charges for license/insurance/registration-related offenses. Only an Oklahoma attorney could sort these things out - they are not governed by general legal doctrines - they are governed by state-specific law. Good luck

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