If you have a Florida suspended license and are an unlicensed driver in an accident you will most likely be arrested for driving with a suspended license but, you will not automatically be considered at fault.
It is a mis belief that if you are in an auto auto accident and do not have a valid driver’s license that you are responsible for the accident. That may not be true and depends on the circumstances of the accident. However in Broward county the view of the officer at the scene may be negatively biased against you. Let's face it you are considered to be a criminal. As an unlicensed driver, you need to understand this potential bias. You may be stuck in court facing two situations. You have to fight two charge, tickets now. If you have a suspended license get it fixed now.
In order for you to be found liable for the accident, it must be shown that you were negligent in the operation of the car or vehicle. It must also be found that that your negligent behavior was the “proximate cause” of the accident.
Can it be argued that driving a motor vehicle without a license is in itself negligent? And if it is negligent, was the accident the “natural and probable consequence” of driving without a license? In Broward county we are dealing with some very tough and biased judges. You will need a lawyer that has been in front of them before.
In a court in another state a determination was made:
All in all the lack of a driver’s license has nothing to do with whether you are responsible for the accident, although you are guilty of breaking the Florida law requiring all drivers to have a license. That is a criminal matter which the Law Office of Guy Seligman can help with. Call my suspended license hotline today.