Driver With Suspended License Hospitalizes Motorcyclists

A crash in Virginia Beach, VA, that sent two motorcycle riders to the hospital with serious injuries illustrates the dangers posed by drivers who get their licenses suspended for earlier incidents. The collision happened at the intersection of Ferrell Parkway and Indian Lakes Boulevard a little before 8 am on April 28, 2018.

 

 

According to police, the 26-year-old male driver of a minivan caused the wreck, hitting the motorcyclists as they attempted to cross the parkway. No information on the types of injuries suffered by the motorcycle operator and his passenger were released to the public.

The intersection at Ferrell Parkway and Indian Lakes Boulevard is controlled by stoplights in all four directions, and only the minivan driver has been charged in relation to the crash. This indicates that the man operating the motorcycle had right of way.

Currently, the minivan driver faces charges for reckless driving, driving with a suspended license, and driving without insurance. News reports state that additional charges will be issued, but also note that investigators did not consider speed or alcohol to have played any role in causing the wreck.

Perhaps the man behind the wheel of the minivan ran a red light. That offense would be covered by the statutory language of Virginia Code section 46.2-852, which reads, “Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.” Ignoring a stop signal could definitely be described as reckless behavior that endangers lives.

As Virginia personal injury lawyers, my colleagues and I often find ourselves helping victims of uninsured motorists. They usually can get covered under uninsured motorist provisions of their own policies, but this should never be necessary.

Having one’s license suspended in Virginia rarely means being complete forbidden from driving at all. As the Department of Motor Vehicles explains on its website, “If your driving privilege has been suspended or revoked, you may be eligible for restricted driving privileges in certain instances. Restricted driving privileges are granted either by a court or by DMV, depending on the nature of your suspension or revocation.” The agency further notes that a “restricted license order will advise you of any and all requirements imposed upon you by the court. You may be required to provide DMV with proof that you have satisfied those requirements, in addition to presenting your restricted license order and paying the reinstatement fee, before DMV will issue a restricted driver's license.”

One of the requirements for having restricted driving privileges reinstated should be providing proof of insurance. It is unclear from what is publicly known about this motorcycle crash in Virginia Beach what happened regarding the at-fault minivan driver’s insurance, but an experienced personal injury attorney would press for all the facts on behalf of his client, including exploring all potential uninsured motorist insurance.

EJL

Richard N. Shapiro
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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