How Your Driving Record May Affect Your Injury Case

How Your Driving Record May Affect Your Injury Case text overlay with man driving car in background

In theory, Florida car accident cases hinge on objective facts: drivers’ actions, traffic law violations, or negligence, among others. However, in practice, other factors can significantly impact your case. One of these factors is your driving history. Consequently, a spotty driving record may challenge convincing insurance companies or courts to award compensation for your injuries. While a sketchy driving record can make a car accident case more difficult to win, nevertheless, you shouldn’t give up. The West Palm Beach car accident lawyers at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. will defend your rights no matter your driving record and, moreover, help you secure fair compensation for your injuries. We utilize police reports, expert testimony, surveillance footage, eyewitness accounts, and other evidence to justify your compensation claim. Below, learn how your driving record can affect your car accident injury case and how we can assist you.

Why Does Your Driving Record Matter in a Car Accident Case?

Your driving record matters because insurance companies and opposing attorneys will likely try to use it against you. They might argue your history of traffic violations indicates reckless behavior, contributing to the accident. As a result, they may try to reduce or deny the compensation you’re entitled to. This tactic shifts blame onto you, implying you deserve less compensation or caused your injuries.

How a Defendant Might Exploit Your Driving Record

Defendants may use your driving record to shift blame or undermine your credibility in various ways:

  • Presenting your history as evidence of negligence:  They might argue your past traffic violations or accidents show a negligence pattern, implying higher fault likelihood in the current accident.
  • Questioning your credibility: They may attempt to cast doubt on your version of events, implying that your driving history makes you less trustworthy.
  • Arguing for comparative negligence: In Florida, the concept of comparative negligence can impact your compensation. Comparative negligence implies if a plaintiff shares fault in a crash, their compensation is reduced accordingly. The defendant may argue your driving record shows shared blame for the accident, reducing your potential compensation.

Other Types of Evidence in Florida Car Accident Cases

Even if your driving record isn’t pristine, numerous other types of evidence can help prove your case. Examples include:

  • Police reports:  Official accident documentation, including scene details, issued citations, and officers’ observations, can be a valuable evidence source.
  • Expert witnesses:  Accident reconstructionists, medical experts, and others can provide testimony to support your claim, detailing the accident and injury extent.
  • Surveillance footage or photos:  Video or photos from traffic cameras or nearby businesses can help determine the event sequence and identify the at-fault party.
  • Eyewitness accounts: Statements from people who saw the accident can corroborate your version of events and provide an independent perspective on what happened.
  • Medical records:  Thorough injury documentation, treatment, and prognosis can demonstrate the harm suffered and the impact on your life.

How a West Palm Beach Car Accident Attorney Can Help With Your Case

personal injury in west palm beach shaking the hand of a clientA skilled car accident attorney will know how to minimize your driving record’s impact on your case using various strategies:

  • Emphasizing the facts of the accident:  Your attorney will emphasize the crash details, highlight the defendant’s negligence, and downplay the relevance of your driving history.
  • Challenging the defendant’s use of your record:  Your lawyer may argue your driving record isn’t directly relevant to the current accident for determining fault or compensation.
  • Presenting strong evidence:  By presenting strong evidence like police reports, expert testimony, and eyewitness accounts, your attorney can build a compelling case, hindering the defendant from exploiting your driving record.
  • Countering comparative negligence claims: If the defendant claims you share accident blame, your attorney can counter these claims, safeguarding your right to full compensation.
  • Negotiating with insurance companies: Your attorney can negotiate with insurance adjusters for fair compensation, countering attempts to exploit your driving record against you.

Contact Our Florida Car Accident Law Firm Today

Your prior driving record does not define you, nor should it impact your right to compensation after a collision. If an insurance company is hassling you over your driving record, the Florida car accident lawyers at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can protect your rights and help you secure the money you need. Call our team today at 561.689.8180 or visit our contact page for a free consultation.

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Last Updated : September 28, 2023

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