When you are involved in a car accident, the factors that can determine whether or not you will be successful in an injury claim can range from your driving record to the actions of other drivers on the road.
Knowing how your driving record may affect your potential injury claim is essential for ensuring that you have the best chance of recovering the necessary compensation.
How Your Driving Record Can Hurt Your Injury Claim
Denial from Insurance CompaniesWhen attempting to file a claim for a car accident, insurance companies may try to deny coverage or reduce the settlement amount if there is evidence that the injured party had a prior poor driving record.
This could include citations for speeding, reckless driving, driving while intoxicated, or other unsafe behavior behind the wheel. Any of these violations can raise suspicion that an injury sustained in an accident was pre-existing and not new, thus reducing the amount of money awarded to you in a settlement.
It is important to be aware of this when filing a claim for an accident, as insurance companies may try to use your prior driving record against you. It is wise to get legal representation if you have any doubts or suspicions that the opposing insurance company may use your previous driving records to reduce a settlement amount. A good lawyer can help protect you from this type of defense and ensure that the damages awarded are fair.
Create Doubt in Your Testimony
Opposing lawyers can cast doubt on an injured person's testimony by pointing to bad driving records. Having had multiple traffic tickets or moving violations, such as DUIs, running stop signs and red lights, speeding, or failing to use turn signals could be used to demonstrate that the injured party was negligent in causing the accident.
Other opposing attorneys might try to bring up past criminal records, question the amount of damages being sought, or argue that the injuries were caused by something other than the accident. By presenting this evidence, they can make it more difficult for an injured party to win their case and receive compensation for their injuries.
Should You Introduce Driving Records in Court?
When considering if driving records should be introduced in court, the contents of the records must be taken into account.
A history of unsafe driving behavior such as excessive speeding or reckless driving can indicate that the driver was negligent and thus responsible for any damage or injury caused by the accident.
On the other hand, having a clean record could speak to the driver's ability to safely operate a motor vehicle and therefore prove that they were not liable for the accident in question.
Driving records should be introduced in court when applicable, as they can potentially provide insight into who was responsible for an accident. However, these should only be used if they are relevant to the case, as it could be argued that presenting an individual's entire driving history is unnecessary and goes beyond what is required for establishing liability.
Hire a Car Accident Attorney to Get the Most Favorable Results
If you are considering legal action after being in a car accident, it is important to hire an experienced car accident attorney. They can provide invaluable advice and help you get the most favorable results from your case.
A knowledgeable attorney understands the complexities of the law, as well as how to negotiate on your behalf. They will be able to explain the legal process, advise you on your rights, and help you choose the best course of action. They can also provide guidance on how to obtain compensation for any injuries or financial losses that resulted from the accident.
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