How Your Driving Record May Affect Your Kentucky Personal Injury Case
After suffering severe injuries in a Kentucky car accident because of the negligence of another party, a common concern among victims is how their driving record can affect their personal injury case. While it might seem unrelated, your driving record can play a significant role in the outcome of your personal injury claim. Understanding how your driving record might impact your personal injury case is essential for preparing a strong legal strategy and ensuring you recover the compensation you deserve.
What Is a Driving Record?
A driving record is an official document that details your driving history. It includes information about, among other things, traffic violations, DUI offenses, license suspensions, accidents, and points accumulated from moving violations. The Kentucky Transportation Cabinet is required to keep a driver’s history for five years. However, points assigned due to traffic violations are removed two years after the conviction date.
The Impact of Your Driving Record on Your Personal Injury Claim
Even if you have a bad driving record, you can still file a personal injury claim after suffering injuries in a car accident due to another party’s negligence. A bad driving record does not automatically disqualify you from compensation. However, issues on your driving record may complicate your case. The insurance company and defense attorney may look at prior violations, such as reckless driving, speeding tickets, or past DUI convictions, to argue that you have a pattern of carelessness or recklessness. The defendant’s insurance company or attorney might use your driving record to suggest you were at fault (at least partially) for your accident. They may use your driving record to question your credibility.
In Kentucky, being partially at fault for an accident can significantly impact your personal injury case. Kentucky follows a comparative negligence rule. While this rule allows you to receive compensation even if you’re partially at fault for your accident, any compensation you are awarded is reduced by the percentage of fault attributed to you. This means your driving record could result in a lower settlement if it suggests you share some responsibility for the accident. The more at fault you are considered, the less the compensation you might receive.
If the defendant’s insurance company or attorney starts citing your driving records, a skilled car accident attorney can help. An attorney can challenge the relevance of your past driving violations. Additionally, they can help gather and present strong evidence to prove the defendant’s negligence.
Can Your Driving Record Help Your Case?
A driving record can also positively impact your personal injury case. If you have a clean record, you can use it to demonstrate that you are a responsible and cautious driver. A spotless driving record can boost your credibility. A clean driving record can make it harder for the defense to argue that you were partially at fault for the accident. Additionally, if the defense raises claims of negligence or recklessness, your clean driving record can help counter those claims. In other words, a clean driving record can increase your chances of recovering the compensation you deserve.
Contact Us for Legal Help
If you’ve suffered injuries in a Kentucky car accident due to another party’s negligence, contact our London and Southeast Kentucky auto accident attorneys at Cessna & George Law Firm to schedule a consultation and discuss your case.
