Car accidents can be trying, particularly if you are dealing with injuries and insurance claims. But what if you have a bad driving record? Your claim might be impacted by past traffic violations, speeding fines, or previous accidents. Opposing lawyers and insurance companies could try to use your driving history against you to lower your compensation.
Texas, also known as the “Lone Star State,” has over 18,000,000 licensed drivers, and making small errors while driving is a common occurrence. However, in case of an accident, your driving record in Texas helps to decide fault and settlement amounts in an accident lawsuit.
Texas has a modified comparative negligence rule; hence, you might not be paid if you are found to be more than 50% responsible for the accident. Insurers may thus use your bad record to imply that you share some responsibility. If you are wondering how to remove accident from driving record in Texas, it is crucial to know that some accidents can be disputed or removed should they be reported incorrectly.
With that said, let’s take a deeper look at how a bad driving record might impact your accident claim.
How Your Driving Record Affects Your Claim
Though it can complicate matters, a bad driving record does not automatically mean you will lose your claim. Defense lawyers and insurance companies may try to turn it against you in several ways:
- Determining Fault: Should you have a history of reckless driving, the opposing party could argue that you caused the collision.
- Reducing Compensation: If you are not entirely at fault, insurers might use your record to justify a lower settlement offer.
- Challenging Your Credibility: A bad record will help the defense to readily challenge your driving habits and decision-making.
You still have legal rights, notwithstanding a bad record. The secret is to present a solid argument emphasizing the accident facts rather than your background.
When Can Your Driving Record Be Used Against You?
Not every traffic violation or past accident will be relevant to your current claim. However, under some circumstances, insurers might try to use your record:
- If the violation is similar to the current accident: For instance, they might argue it was a pattern if you have a history of running red lights and your accident involves running a red light.
- If the accident involves a commercial driver: Should a company choose to employ a driver with a bad record, the insurer may argue that the employer was negligent in their hiring decision.
- If your past accidents caused similar injuries: Insurers may claim that your injuries existed before the collision and were not the result of the recent accident.
By emphasizing the particular details of your accident rather than past events, a competent attorney can challenge these claims.
How Insurance Companies Use Your Driving Record
Insurance companies always look for methods to minimize payouts. Given your bad driving record, they might:
- Offer a low settlement, presuming you will take less to evade court.
- Blame you for part of the accident to lower your entitlement for compensation.
- Make the case that your injuries were from earlier accidents instead of the recent ones.
Steps to Protect Your Claim
These actions will help you to strengthen your claim even if your driving record is bad:
- Gather Evidence: To show what actually happened, gather pictures, videos, and witness statements about the accident.
- Get Medical Treatment: Medical records help to prove that the current accident caused your injuries.
- Be Truthful About Your Record: Hiding past violations will compromise your credibility.
- Work With a Lawyer: A skilled lawyer can counter the insurance company’s claims and make sure your record isn’t unfairly used against you.
What If You Are Partially at Fault?
Texas uses a modified comparative negligence system. This implies that you can still recover damages even if your responsibility for the accident is found to be less than 51%. However, your compensation will be reduced by the percentage of your fault.
For instance, if you are 10% at fault for an accident, then 10% of the total compensation will be reduced. If your fault percentage is 51% or greater, you will not be compensated.
