Personal Injury Lawyers
of Long Island

(631) 801-0057

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Workers Compensation
    • Medical Malpractice
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Free Case Evaluation

November 17, 2016 by admin

Can a jury consider a suspended driver’s license for purposes of contributory negligence?

As a skilled Mobile, AL personal injury lawyer, I actually confronted this issue in a jury trial just over ten years ago. The short answer is, “No.”

How we arrived at that answer for the jury was rather amusing. Back then the Judge was kind of new, and she didn’t want to answer that question “shooting from the hip” in my case where my client happened to have a suspended license. She wanted me and my opponent to provide her with some law. Since the jury was out, and my opponent and I were both taught by the same man, Dean Charles Gamble from the University of Alabama law school, I did the first thing that came to mind: called the law school to ask the guy that taught us both Evidence (although my honorable opponent was taught at Cumberland, Charlie Gamble was teaching there at the time he taught my opponent; it was just 15 years before he taught me). In Alabama, Charles Gamble literally wrote the book on Evidence. I had the University number in my cell phone, so I called and asked for Dean Gamble. I was routed to Dean Gamble’s office, but was told:

“Michael, Dean Gamble still has an office here, but he’s retired. Here’s his home number.”

“Cool. Thanks.”

 

—

“Hello?”

“Mrs. Gamble?”

“Yes?”

“This is Michael Wing, and I’m one of Dean Gamble’s former students. I have a jury out, and really need a legal question answered.”

“Michael, he is on the road speaking, but here is his cell number.”

“Thanks Mrs. Gamble!”

—

“Hello?”

“Dean Gamble?”

“Yes?”

“This is Michael Wing.”

“Who?”

“MICHAEL WING.”

“HO HO HO, Wing, what do you want?”

“Dean I have a jury out, but they have a question. Can a suspended driver’s license be considered for contributory negligence purposes?”

“No. It’s a condition, not a causal factor. It’s in my book.”

“Well, do you have it with you?”

“Yes, but it’s in the trunk. I’m driving.”

“WELL STOP! I HAVE A JURY OUT!”

All of this conversation was happening in the Judge’s office with my opponent right next to my ear hearing everything that Dean Gamble had just said. My opponent conceded the point. The Judge instructed the jury: “No.” Within minutes the jury returned a verdict for the Plaintiff. My opponent and I remember the occasion with smiles on our faces whenever we happen to see each other. What is really crazy about this tale (all true) is that my client also had alcohol and THC in his blood, but that’s not what the jury asked about, and there is no more arguing by the attorneys  once the jury has begun its deliberations. The fact was that my client was driving his motorcycle straight up the highway when the pizza delivery driver cut across traffic, clipping my client’s leg, breaking his ankle. None of his impairments, nor his suspended driver’s license caused the wreck. The delivery guy cutting across traffic without looking was the only cause.


Thanks to our friend and contributor from the law firm of Michael A. Wing, LLC for his insight into contributory negligence.

 

Filed Under: Car Accidents

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Workers Compensation
    • Medical Malpractice
    • Wrongful Death
    • Cruise Accident
  • Blog
  • Free Case Evaluation

LONG ISLAND PERSONAL INJURY RESOURCES

Long Island Personal Injury Law Firm
Long Island Personal Injury Lawyer
Long Island Car Accident Lawyer
Long Island Workers Compensation Attorneys
Long Island Medical Malpractice Attorneys
Long Island Wrongful Death Lawyer
Long Island Cruise Accident Attorneys
Free Legal Advice
Legal and Financial Advisor Rockville MD
Car Accident Lawyer Long Island NY
Long Island Truck Accident Attorney
Auto Accident Lawyer Long Island
Long Island Car Accident Lawyers
Long Island Auto Accident Lawyer
Long Island Car Accident Attorney
Car Accident Injury Lawyers Indianapolis IN
Who is the Top Bankruptcy Lawyer in Cypress, TX Civil Rights Litigation Lawyer Washington, D.C.
Personal Injury Blog
Denver Bicycle Accident Lawyer
Bus Accident Lawyer Los Angeles CA

Location

500 Merrick Road
Suite 200
Rockville Centre, NY 11570
(631) 801-0057

Free Consultation

Request a free consultation with one of Washington DC's premier personal injury law firms.

Request Free Consultation

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.



© COPYRIGHT 2025 LONG ISLAND PERSONAL INJURY LAWYERS | POWERED BY Matador Solutions - Internet Marketing Company

Other Resources
American Bar Association | The American Lawyer | National Lawyers Association | Lawyers Without Borders | American College of Trial Lawyers | American Bar Association | National Association of Women Lawyers | Lawyers Associated Worldwide | Cohen & Cohen P.C. | Auto Accident Lawyer DC | Auto Accident Lawyers Washington DC