Evidence of Suspended License
I have a case where driver of motorcycle was injured in wreck by fault of another driver. Can I keep out of evidence fact my client’s license was suspended?
Answer: See Blashfield §593, p.440: Gen. rule failure to have license not actionable negligence; Anno. 69 A.L.R.2d 978: Legis. making it offense to permit unauthorized person to drive car. Bennett v. Morris Farrar Truck Co., 1974 OK CIV APP 9, 520 P.2d 705, 709-10: Failure to be licensed is mere condition, not proximate cause. 29 A.L.R.2d 963 (2009) Lack of Proper Automobile Registration or Operator's License as Evidence of Operator's Negligence: "The overwhelming weight of authority . . . is to the effect that failure to have an operator's license . . . is not evidence of negligence . . . ."
Posted on Wed, October 2, 2013
by Travis Law Office filed under