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Do you have a bad driving record but were not at fault in a car accident? Do you feel like you’re automatically at fault because of your past driving incidents?
Are you concerned that your past driving incidents may be used against you in your personal injury case?
It can be frustrating to be in this position, but you still have legal rights.
This article will explore how a bad driving record can affect your personal injury case, even if you weren’t at fault for the accident. We’ll also discuss how to protect your rights and seek fair compensation. Don’t let your past mistakes prevent you from getting the justice you deserve. Let’s dive in and learn more.
What’s Considered a “Bad” Driving Record?
A bad driving record is an individual’s history of traffic violations, accidents, and other incidents that occurred while driving. The Department of Motor Vehicles (DMV) keeps records of drivers’ history, including traffic violations, accidents, license suspensions, and revocations.
Some examples of incidents that may result in a bad driving record include:
- Speeding tickets
- Reckless driving
- DUI/DWI convictions
- Hit-and-run accidents
- Traffic accidents resulting in injuries or fatalities
- Driving without a license or insurance
- Texting and driving
How Can a Bad Driving Record Be Used in Personal Injury Cases?
When you file a personal injury claim after a car accident, your attorney may use the other driver’s bad driving record as evidence to prove their negligence. A bad driving record can demonstrate that the other driver had a history of reckless or negligent behavior, which can help establish their liability for the accident.
Negligence Per Se
Negligence per se is a legal doctrine that applies when a driver violates a traffic law or regulation, and that violation causes an accident. If the other driver’s bad driving record includes multiple traffic violations or convictions for DUI/DWI, your attorney may argue that the driver was negligent per se. This means that they automatically breached their duty of care by violating traffic laws, making it easier to prove their negligence.
Habitual Traffic Offender
In some states, a driver with a bad driving record may be classified as a habitual traffic offender (HTO). This designation indicates that the driver has committed multiple traffic violations within a certain period, and their license may be suspended or revoked. If the other driver is an HTO, their driving record can be used as evidence of their negligence in your personal injury case.
Impeachment Evidence
If the other driver’s testimony is crucial in your personal injury case, their bad driving record can be used as impeachment evidence. Impeachment evidence is used to challenge the credibility of a witness by demonstrating their prior inconsistent statements or actions. If the other driver has a history of lying or providing inconsistent statements, their bad driving record can be used to impeach their testimony.
Limitations of Using Bad Driving Record Evidence
Although bad driving record evidence can be useful in personal injury cases, there are limitations to its use. Some of these limitations include:
Prejudice
Using bad driving record evidence can sometimes prejudice the jury against the other driver, even if the evidence is irrelevant to the case. This can be especially true if the other driver has a long history of traffic violations or criminal convictions.
Relevance
Sometimes, a bad driving record may not be relevant to the accident or the injuries sustained. For example, if the other driver’s driving record includes multiple speeding tickets, but the accident was caused by a faulty brake, the bad driving record may not be relevant.
Privacy Concerns
The other driver’s driving record is considered private information, and it may be challenging to obtain this information without a court order or the driver’s consent.
How a Personal Injury Attorney Can Help You
If you were injured in a car accident caused by someone with a bad driving record, hiring a personal injury attorney can be essential to protect your rights and maximize your compensation. Here are some ways a personal injury attorney can help you in the following ways.
Investigating the Accident
A personal injury attorney can investigate the accident and gather evidence to prove the other driver’s negligence. They can obtain the other driver’s driving record, police reports, witness statements, and medical records to build a strong case. By analyzing the evidence, they can identify any traffic violations, reckless behavior, or other factors that may have contributed to the accident.
Calculating the Damages
Your attorney can help you calculate your damages, including medical expenses, lost wages, and pain and suffering. They can also factor in future damages, such as ongoing medical treatment and loss of earning capacity. By accurately calculating your damages, your attorney can ensure you receive fair compensation for your injuries.
Negotiating with the Insurance Company
Insurance companies are notorious for offering low settlements to accident victims. However, your attorney can negotiate with the insurance company to ensure you receive a fair settlement. They can handle all communication with the insurance adjusters and fight for your rights in court if necessary. With a skilled attorney, you are more likely to obtain a favorable outcome.
Representing You In Court
Insurance companies may sometimes refuse a fair settlement, or the other driver may contest their liability. In these situations, your attorney can represent you and argue your case before a judge or jury. They can present evidence, cross-examine witnesses, and make compelling arguments to prove your case.
If you were injured in a car accident caused by someone with a bad driving record, hiring a personal injury attorney can be critical to ensure you receive fair compensation. By hiring an experienced attorney, you can increase your chances of obtaining the compensation you deserve.
Is your driving record threatening to undo the fabric of your personal injury case? Contact our team at Injury.io now to discuss your options.
Justice McDaniel is an experienced copywriter and blogger. She has over three years of experience providing outstanding legal content that ranks.
