Can My Driving Record Affect The Outcome of My Personal Injury Case?

Driving Record in Texas

In Texas, a person’s driving record can certainly be a major factor in determining the outcome of your personal injury case. When you are filing a personal injury claim, it’s essential to understand how your driving history might influence the injury claims process. Note that your driving record can impact many things, the strength of your claim, the amount of compensation you may receive, and the overall trajectory of your case.

Unlicensed Driver

Does My Driving Record Affect My Accident Case in Texas?

Yes, your driving record can affect your accident case in Texas. While it’s not the only factor considered, your driving history can influence several aspects of your case, including:

  • Determining fault: If your driving record shows a history of reckless driving, speeding, or previous accidents, the other party may argue that you were partially responsible for the incident.
  • Calculating damages: If you are found to be partially at fault, then your compensation might be reduced.
  • Insurance coverage: Your insurance company might use your driving record to determine your premiums and coverage limits.

It’s important to consult a personal injury attorney to understand how your driving record may impact your case and develop a strong strategy to protect your rights.

What if I’m Partially Responsible For The Accident?

Texas follows a modified comparative fault rule, (TRANSP § 33.001). This means that if you are found to be partially at fault for the accident, then your compensation is reduced by the percentage equivalent to your fault. For example, if you were going to receive $1,000, but the court determined that the accident was 20% your fault, then you would instead only receive $800. If you are more than 50% at fault, you cannot recover any damages.

The defense can use a poor driving record to argue that you have a propensity for negligent driving, potentially increasing your percentage of fault. This can significantly reduce your compensation (or eliminate it if your fault exceeds the 50% threshold).

The Potential Impact of A Bad Driving Record on A Personal Injury Case in Texas

Your driving record is a reflection of your behavior on the road. If you have a clean driving record, then that can enhance your credibility as a responsible driver, potentially strengthening your case.

On the other hand, if your driving record includes multiple traffic violations, DUI charges, or other infractions, the defense might use this information to question your credibility and character. They could argue that your past behavior suggests a pattern of reckless or negligent driving, which might have contributed to the accident.

personal injury law book. Can My Driving Record Affect My Personal Injury Case?

Influence on Potential Compensation

Your driving record can significantly influence the potential compensation you receive in a personal injury case. If you have a history of reckless driving, speeding, or previous accidents, the other party may argue that you were partially responsible for the incident. This could lead to a reduction in your compensation or even a complete denial of your claim.

Additionally, if you are found to be partially at fault, your insurance company might look at your driving record and use that to determine how much coverage you will get. Therefore, it’s crucial to consult with a personal injury attorney to understand how your driving record may impact your case and to develop a strategy to maximize your potential compensation.

Be Upfront About Your Driving Record With Your Personal Injury Lawyer

Transparency with your personal injury attorney about your driving history is crucial. This allows your lawyer to prepare a complete strategy to address any potential challenges when dealing with your personal injury claim.

Your personal injury attorney can work to gather compelling evidence, such as:

All of these pieces of evidence are to strengthen your case despite your driving record history. If you have a less-than-perfect driving record, it is important to address this issue proactively with your personal injury attorney.

Your attorney might also emphasize other aspects of the case, such as the other driver’s clear negligence or strong evidence supporting your injury claim.

If You’re Concerned About How Your Driving Record Affecting Your Claim, Call Our San Antonio Injury Lawyers

Your driving record can affect your personal injury case in various ways, from influencing perceptions of credibility and fault to impacting settlement negotiations and insurance company tactics. However, having a poor driving record does not necessarily doom your case. With the right car accident lawyer and an organized approach, you can work through these challenges and get on the road to securing the compensation you deserve.

We are a team of experienced San Antonio personal injury lawyers with a deep-set commitment to justice– specifically for the victims of people who broke traffic laws, like an illegal right turn. We can now proudly share that in just the year 2022, we were the lawyers behind a whopping 59 out of 100 of the highest motor vehicle accident settlements in Texas.

We believe everyone should have access to high-quality legal assistance. That is why we offer completely FREE CONSULTATIONS.

Plus, if we are unable to recover a settlement for your accident, then you DO NOT OWE US A PENNY. We operate on something called a contingency basis, meaning that you do not have to pay, unless we win your case.

We are here to help you with the complicated parts of your case so that you can rest easy knowing that you have a team of super-qualified attorneys behind you. We work long hours and late nights to get you the compensation that you deserve.

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How Long Does a Car Accident Stay On My Driving Record?

In Texas, a car accident typically stays on your driving record for three years from the date of the accident. This duration can impact various aspects of your life, such as insurance premiums, employment opportunities (for jobs that require driving), and your overall driving record.

However, more serious violations like, for example, reckless driving, stay on your record for seven years, and any accidents resulting in injury or death stay on your record for 10 years.

How Can I Clear My Driving Record?

In Texas, you cannot fully clear your driving record, but there are steps you can take to improve or remove certain violations from your driving record. These actions include:

  • Attend a defensive driving course
  • Request a record review and expungement
  • Maintain a clean driving record
  • Appeal a traffic ticket
  • Check your driving record regularly
  • Understand the limitations

Certain serious violations, such as DUIs or reckless driving, are not eligible for removal through defensive driving courses or expungement. These violations can stay on your record longer and have more severe consequences.

Remember, every single action that you take after the accident can seriously impact how your case turns out. Contact Thompson Law today.

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