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Could your driving record be used against you in a car accident settlement case?

On Behalf of | Oct 9, 2024 | Car Accidents

When involved in a personal injury lawsuit following a car accident, many factors come into play that can influence the outcome of the victim’s claim. One such factor is your driving record. Understanding how your driving history can impact your injury claim is crucial for preparing you for potential challenges.

The influence of a driving record

Your driving record is a documented history of your behavior behind the wheel. It includes any traffic violations, accidents and other driving-related incidents. Insurance companies and defense attorneys may scrutinize this record to assess your credibility and determine liability.

Questioning credibility and liability

A spotless driving record can support your claim by demonstrating that you are a responsible driver who adheres to traffic laws. It can help establish that the accident was likely not your fault and that you deserve compensation for your injuries.

Conversely, the defense may use a driving record with multiple violations or accidents can be used against you. They may argue that you have a history of negligent driving, suggesting that you were at least partially at fault for the accident. This argument can reduce the compensation amount you receive or, in some cases, lead to the dismissal of your claim.

Comparative negligence may reduce compensation

In Texas, personal injury claims are subject to the principle of comparative negligence. This means that if you are found to be 50% or less responsible for the accident, your compensation may be reduced by the percentage of your fault. For example, if you are deemed 30% at fault for the accident, the court would reduce your compensation by 30%. A poor driving record can be evidence to support a higher percentage of fault on your part.

Mitigating the effect

While a spotty driving record can pose challenges, it does not necessarily mean your claim will be unsuccessful. There are steps you can take to mitigate its impact. First, be honest with your attorney about your driving history. They can develop a strategy to address these issues proactively.

Additionally, gathering strong evidence to support your claim is crucial. This can include eyewitness testimonies, police reports, medical records and expert opinions. Demonstrating that the other party was primarily at fault through solid evidence can help counteract the negative implications of your driving record.

Getting the amount you deserve

A poor driving history is a hurdle, but it is not an impossible one, particularly when the facts are on your side. Working closely with your car injury attorney and presenting strong evidence can improve your chances of a favorable outcome. Understanding this dynamic can help you deal with the challenges of an injury lawsuit more effectively and get the appropriate compensation.

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