A restricted driver’s license allows individuals with certain limitations—such as new drivers, seniors, or individuals with medical conditions—to operate a vehicle under specific conditions legally. While these licenses provide an opportunity for limited mobility, they also raise unique legal questions when a car accident occurs.

At Lytal, Reiter, Smith, Ivey & Fronrath, our West Palm Beach car accident lawyers help accident victims understand their rights and fight for the compensation they deserve. Here’s what you need to know about how restricted licenses impact car accident claims in Florida.

What is a restricted driver’s license?

A restricted driver’s license allows someone to legally drive under specific conditions due to age, medical status, or previous traffic violations. Common types of restricted licenses in Florida include the following.

1. Learner’s permits

• Issued to new drivers under Florida Statutes § 322.1615.
• Permit holders must only drive during daylight hours for the first three months and always be accompanied by a licensed adult (21 or older) in the front seat.

2. Hardship licenses

• Allows individuals with DUI convictions or excessive traffic violations to drive under strict conditions (Florida Statutes § 322.271).
• Often requires the installation of an ignition interlock device for DUI offenders.

3. Senior driver restrictions

• Some elderly drivers must follow restricted driving privileges, such as:
  • Daytime driving only
  • No highway driving
  • Required use of corrective lenses
• Florida mandates vision tests for drivers over 80 when renewing a license (Florida Statutes § 322.18).

4. Medical condition restrictions

• Individuals with epilepsy, heart conditions, or vision impairments may have restrictions such as mandatory medication compliance or frequent medical evaluations to maintain their driving privileges.

How restricted licenses impact liability in car accidents

Florida follows a comparative negligence system under Florida Statutes § 768.81, meaning liability is assigned based on each driver’s degree of fault in an accident. However, if a driver with a restricted license violates their restrictions, they could face additional legal consequences.

If a restricted driver causes an accident

If a driver with a restricted license was operating outside their legal limits during the crash, they may be presumed negligent. Examples include:

• A learner’s permit holder driving alone at night.
• A senior driver with a “no highway” restriction causing a crash on an interstate.
• A hardship license holder driving outside their approved hours.

In such cases, the at-fault driver’s violation of their restrictions can be used as evidence of negligence, making them more liable for damages.

If a restricted driver is the victim

If a driver with a restricted license is injured in an accident caused by someone else, they may still pursue compensation. However, insurance companies may argue contributory negligence if:

• The driver was violating their license restrictions at the time of the crash.
• The restriction violation contributed to the accident (e.g., a nighttime driving restriction violation led to poor visibility and a crash).

Even if partially at fault, the injured driver can still recover damages under Florida’s comparative negligence laws, but their compensation may be reduced.

How insurance companies handle restricted license claims

Insurance companies may scrutinize accident claims involving restricted drivers more closely. Here’s how different scenarios may play out:

1. Denial of coverage for a restricted driver at fault

If the restricted driver was violating their license terms, their insurance company may:

• Deny coverage based on policy violations.
• Limit payout amounts or refuse to cover certain damages.
• Increase premiums or cancel the policy after the claim.

2. Challenges for victims seeking compensation

If you were injured by a restricted driver, their insurance company may try to avoid liability by arguing:

• The restriction violation was not a direct cause of the crash.
• The driver had minimal coverage due to their restrictions, making it harder to collect full compensation.

3. Uninsured/underinsured motorist (UM/UIM) coverage

Victims may file a claim under their own uninsured/underinsured motorist (UM/UIM) policy for compensation if a restricted driver’s insurance denies coverage. Florida Statutes § 627.727 governs UM/UIM coverage in Florida.

What compensation can accident victims recover?

If you were injured in an accident involving a restricted driver, you may be entitled to compensation for:

• Medical expenses (emergency treatment, hospital stays, rehabilitation).
• Lost wages (if the injury prevents you from working).
• Pain and suffering (physical and emotional distress).
• Property damage (vehicle repairs or replacement).
• Wrongful death damages (if the accident resulted in a fatality).

The amount of compensation depends on liability, severity of injuries, and insurance coverage.

What to do after an accident involving a restricted driver

If you are involved in a crash where either driver has a restricted license, follow these steps to protect your rights:

1. Call 911 and report the accident

• Police will document the license status and any restrictions in the official accident report.
• If the restricted driver violated their conditions, this will be crucial evidence in a claim.

2. Gather evidence

• Take photos of the accident scene, vehicles, and visible injuries.
• Get witness statements to confirm if the driver was violating their license restrictions.
• Request a copy of the police report for proof of restrictions.

3. Seek medical attention

Even if injuries seem minor, get a medical evaluation immediately. Medical records will support your claim for damages.

4. Contact an experienced car accident attorney

A skilled attorney can:

• Investigate whether the restricted driver was following their license terms.
• Handle insurance negotiations to maximize compensation.
• File a personal injury lawsuit if necessary.

How Lytal, Reiter, Smith, Ivey & Fronrath can help

Accidents involving restricted licenses can be legally complex. At Lytal, Reiter, Smith, Ivey & Fronrath, we help accident victims:

• Prove negligence and determine liability.
• Fight insurance company tactics that may reduce or deny claims.
• Secure full compensation for medical bills, lost wages, and pain and suffering.

If you were injured in an accident involving a driver with a restricted license, don’t wait—contact us today for a free consultation. Our experienced legal team is ready to fight for your rights.