How A Person's Driving Record Affects A Personal Injury Accident Case
Posted on: 15 June 2023
Driving records can have several effects on a car accident personal injury case. Read below and find out about some ways in which a driving record can impact your case.
- Determining liability: The driving record of the at-fault party can play a role in establishing liability for the accident. If the at-fault driver has a history of traffic violations or previous accidents, it may demonstrate a pattern of negligent or reckless driving, which can support your claim for compensation.
- Insurance coverage and settlement negotiations: Insurance companies often consider the driving record of their insured party when assessing claims. If the at-fault driver has a poor driving record, it may affect the insurance company's evaluation of liability and the settlement amount they are willing to offer. A history of traffic violations or previous accidents may be seen as an indicator of increased risk or negligence. That means your settlement offer could be more generous if the driver that hit you has a history of traffic offenses.
- Comparative negligence: In some jurisdictions, if it is determined that both parties involved in the accident contributed to the collision, comparative negligence rules may apply. This means that the compensation awarded may be reduced based on the degree of fault assigned to each party. A poor driving record can potentially be used to argue that the injured party shares some responsibility for the accident, thereby reducing their potential compensation.
- Damages and credibility: A poor driving record of the injured party can also be used by the defense to challenge the credibility and claim damages. The defense may argue that the injuries were not solely caused by the accident but were instead a result of the injured party's own reckless or negligent driving behavior.
It's important to note that while a driving record can have an impact on a car accident personal injury case, it is not the sole determining factor. Each case is unique, and various other factors, such as the circumstances of the accident, the severity of injuries, witness statements, and supporting evidence, will also be considered.
To navigate the legal issues surrounding a car accident personal injury case, it is advisable to consult with an experienced car accident attorney. They can review your case, assess the influence of driving records, build a strong case strategy, and advocate on your behalf to seek fair compensation for your injuries and losses. Speak to a car accident lawyer today.
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