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Can My Driving Record Affect My Injury Case?

Posted By Aguirre Law | July 3 2024 | Car Accidents, Personal Injury

If you were recently involved in a car accident, you might wonder whether your driving record might come into play, especially if it’s not the greatest. As experienced car accident lawyers, The Aguirre Law Firm, PLLC understands how driving records can affect personal injury claims in San Antonio and how to fight back if they are being used improperly.

Why Does Your Driving Record Matter in a Car Accident?

Texas is an at-fault state for car accidents. Therefore, the party found at fault for the accident is responsible for compensating the victim for the damages they caused. In some cases, it may be unclear who is at fault for the accident, so the insurance company or jury might consider the driving records of the parties to determine who was more likely to be at fault for the accident. For this reason, your driving record can play a key role in determining liability, potential compensation you can recover for your claim, and your legal strategy.

How Your Driving Record Might Affect Your Car Accident Case

Insurance companies, legal professionals, and the court can consider your driving record for the following purposes in a car accident case:

Determining Liability

Your driving record can reveal important information about your driving habits, history, and behavior. Insurance companies will do everything they can to avoid paying claims. They will try to point to information that shows you are an unsafe driver, such as a conviction for DUI, a previous accident that was found to be your fault, or speeding tickets.

Insurance companies and defense attorneys will try to point to this information to try to establish that you were at fault for the current accident. While courts can consider your driving record, it is important to keep in mind that the record regards your history, not necessarily what happened in the current accident. Other evidence may provide greater insight into how the current accident occurred, such as:

  • The accident report
  • Electronic data about the vehicles’ speeds, direction at the time of impact, and braking patterns
  • Photos or videos of the accident
  • Witness statements
  • Medical records

An experienced San Antonio car accident attorney will know how to best combat negative information in your driving record and the evidence to establish how the accident occurred.

Assessing Damages

Your driving record can also be used to assess damages. If your driving record does not have negative information and the other evidence points to the other driver as the party responsible for the accident, this can help maximize the value of your claim. However, if your driving record shows a pattern of negligence, the insurance company or court may infer that you were partially responsible for the accident.

Texas courts use proportionate responsibility, which evaluates each party’s negligence in an accident when determining how much compensation to award. If you are apportioned a percentage of responsibility for the accident, your compensation is reduced by your degree of fault. For example, if you are found to be 25% at fault for the accident, your compensation is reduced by 25%.

Evaluating Credibility

Your driving history can also be used to evaluate your credibility. You may be asked about your driving record. If you lie, you may appear uncredible. You may also be asked about previous crashes on your driving record, even if they were not your fault, to determine if you may have a pre-existing injury for which you are claiming compensation for the current car accident.

Call The Aguirre Law Firm, PLLC To Learn More

The Aguirre Law Firm, PLLC has extensive experience handling car accident claims, even when victims do not have the best driving records. We can help investigate your accident, gather evidence to prove fault and fight for the fair compensation you deserve. Contact us online or call us at (210) 879-1760 today for a free consultation.

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