How Your Driving Record May Affect Your Injury Case

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Written by: Benton Accident & Injury Lawyers Last Updated : June 20, 2024

How Your Driving Record May Affect Your Injury Case Image

If you’ve been injured in an accident caused by someone else, you could be eligible to get money from them for your injuries and losses. But what happens if your driving record isn’t the best?

A bad driving record can affect your personal injury case. Why does that matter? It matters because the at-fault party’s insurance company will get a copy of your driving record. They will do their best to use it to suggest that you were either entirely or partly at fault for the accident. They could try to deny your claim or reduce the compensation they’re willing to pay you by using your driving record against you.

What can you do about it? You need an experienced car accident attorney to handle the insurance company. They’ll know how to counter the insurance company’s arguments. Your lawyer can work to be sure you get all the compensation you’re entitled to.

The Importance of Your Driving Record in an Injury Case

Your driving record is a critical piece of evidence in any personal injury case. It provides information about your driving habits, history, and behavior. These can be used to determine fault and assess damages. Insurance companies and courts use your driving record to evaluate your credibility as a witness and your level of responsibility in the accident.

In Texas, the courts apply the rule of proportionate responsibility. This means that each party’s level of fault is considered when determining the amount of compensation awarded. If you have a poor driving record, it can negatively impact your credibility and result in a lower settlement or verdict.

How Your Driving Record Affects Liability

Your driving record can also impact the determination of liability in your injury case. If you have a history of traffic violations, such as speeding, reckless driving, or driving under the influence, it can be used to argue that you were negligent in the accident. This can shift the percentage of fault in your direction, reducing your compensation.

On the other hand, if the other driver has a poor driving record, it can strengthen your case and help you prove liability. For example, if the other driver has a history of DUI convictions, your attorney could argue that they were impaired at the time of the accident, making them more at fault.

How Your Driving Record Affects the Compensation You Could Get

Your driving record can also impact the money you receive in an injury case. If you have a history of accidents or traffic violations, the at-fault party’s insurance company could argue that you are more likely to have pre-existing conditions or injuries exacerbated by the accident. This can lead to a reduction in compensation. Determining which of your injuries were caused by the accident and which were due to pre-existing conditions may be challenging.

Having a clean driving record can strengthen your case and increase your compensation. Insurance companies and courts may view you as a more reliable witness and be more sympathetic to your situation.

How Long Does a Car Accident Stay on Your Record?

In Texas, a car accident stays on your driving record for three years from the accident date. However, if you were convicted of a traffic violation related to the accident, such as reckless driving, the record will be kept for seven years. Accidents that result in injury or death will remain on your record for ten years.

How Can I Get an Accident Off My Record?

Unfortunately, there is no way to remove an accident from your driving record in Texas. However, you can request a copy of your driving record from the Texas Department of Public Safety and review it for inaccuracies. You can file a dispute and request a correction if you find any errors.

Contact Us Today

Your driving record can significantly impact your injury case, both positive and negative. If you have a poor driving record, working with an experienced personal injury attorney who can help you mitigate any negative effects and build a strong case is crucial. If you have a clean driving record, it can work in your favor, but it is still important, to be honest and forthright about your driving history.

When you’ve been injured in a crash that wasn’t your fault, you need an experienced Dallas car accident attorney from Benton Accident & Injury Lawyers. We’ll work hard to build a strong case for you to obtain the compensation you deserve. Call us today at (214) 777-7777 for a free consultation about how we can help.

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