Driving with a restricted license means you’re legally allowed to operate a vehicle—but only under very specific conditions. In Georgia, a restricted license (also known as a limited driving permit) is typically issued after a DUI conviction, for hardship purposes, or for young drivers under certain probationary rules. If you’re involved in a car accident while driving on a restricted license in Tucker, Georgia, the consequences can be serious—especially if you were violating any of the license’s terms.
At Fox Injury Law, our Tucker car accident lawyers help clients across DeKalb County understand their legal rights after collisions involving restricted licenses. Here’s what you need to know.
What is a restricted license in Georgia?
In Georgia, a restricted license—also called a limited driving permit—allows someone with a suspended license to drive under specific conditions. According to the Georgia Department of Driver Services, a person may qualify for this permit if their license has been suspended due to:
- A first-time DUI offense
- Underage possession of alcohol
- Excessive points on a license
- Refusal to submit to a chemical test under implied consent laws
Restricted licenses are governed by O.C.G.A. § 40-5-64, which limits when and where someone can drive. Typically, you’re only permitted to drive to:
- Work
- School
- Medical appointments
- DUI or court-mandated programs
- Picking up prescriptions
If you’re involved in an accident while driving outside these allowed purposes, you could be in violation of your restricted license terms.
What happens after an accident on a restricted license?
The legal consequences depend on whether you were obeying or violating the terms of your restricted license at the time of the crash.
1. If you were driving within the restrictions
If you were driving to work, school, or another approved destination and the accident wasn’t your fault, you’ll generally be treated like any other driver. You can still:
- File an insurance claim
- Pursue compensation for damages and injuries
- Potentially file a lawsuit if the other driver was at fault
However, your restricted license status may come up during the investigation or in court, especially if the other party is trying to dispute liability.
2. If you were violating the restrictions
If you were driving somewhere not allowed under the terms of your permit—say, going to a friend’s house or running errands—you could face serious penalties:
- Further suspension or revocation of your driving privileges
- Misdemeanor criminal charges under O.C.G.A. § 40-5-121 for driving with a suspended or revoked license
- Loss of eligibility for a future restricted license or reinstatement
- Increased liability in a civil personal injury case if someone else was injured and you were at fault
In civil court, violating your restricted license terms could also be used against you to show negligence, even if it wasn’t the direct cause of the accident.
How does this affect your injury claim?
If you’re the one injured in the crash and the other driver was at fault, you can still file a personal injury claim—even with a restricted license. But if you were violating its terms, the insurance company may try to:
- Shift some or all of the blame to you
- Reduce or deny your compensation based on “comparative negligence”
- Argue you were driving unlawfully and therefore shouldn’t recover full damages
Under Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33), you can still recover damages if you were less than 50% at fault, but your compensation will be reduced by your percentage of fault.
How Fox Injury Law can help
Whether you were injured in an accident or being accused of causing one while driving on a restricted license, Fox Injury Law in Tucker, GA is here to protect your rights. We know how insurance companies try to use your driving status against you, and we push back with evidence, expert testimony, and strong legal arguments to make sure your side of the story is heard.
We’ll help you:
- Investigate the accident and gather evidence
- Prove the other driver’s fault and your right to compensation
- Navigate any criminal charges or DMV issues stemming from a restricted license violation
Fox Injury Law is here to help you understand your options and protect your future—contact us today for a free consultation.
