Some people are afraid that they won’t be able to collect compensation after their wreck if they have a bad driving history. It makes sense that people would feel this way. However, our experienced Griffin car accident attorneys have helped many people with terrible driving records get the money they deserve.
Here, we’ll discuss how a poor driving history can impact your car accident lawsuit.
A Bad Driving History Doesn’t Mean You’re at Fault
We’ve represented clients who consider themselves good drivers as well as accident victims who don’t have the best driving record.
Just because someone has a poor driving record, it does not mean they’re at fault in an accident. Your accident attorney is still going to work hard to prove the other driver was negligent and caused the crash. If they can do this, there’s no reason why you shouldn’t receive damages.
The other driver’s insurance company or lawyer will use a bad driving record against you. Your Griffin car wreck lawyer needs to be prepared to fight back.
Your Griffin Car Accident Lawyer Will Need to Review Your Driving Record
Of course, regardless of who you are, your Griffin car accident lawyer will need to see your driving record. This will let them know a few things.
First, it will let them know if you’ve ever been arrested or ticketed for a traffic violation. Second, it should let them know if you’ve ever been involved in a motor vehicle accident. Finally, it will tell them if you’ve been issued points on your insurance.
They’ll want to see this information before the defendant’s lawyer does. The last thing you’ll want is for your accident attorney to be blindsided halfway through the case.
Be Honest About Your Driving History With Your Accident Attorney
If your auto accident lawyer doesn’t pull your driving history, you have to let your attorney know what your background entails. They need to prepare in case the defendant’s lawyer brings this up.
What will happen is the insurance company will argue that you caused the crash. One way they’ll try to prove this is by submitting a copy of your driving history. If they can demonstrate that you have a history of getting into car accidents, it can hurt your case.
The Defendant Will Investigate Your Driving History
As soon as it becomes clear that you’re going to sue the other driver, their lawyer will start their own investigation. They’ll look to see how many accident claims you’ve filed in the past. They’ll also look to see how many accidents you’ve been involved in.
Even if you’ve never been issued a traffic ticket, that won’t matter. They don’t care so much about this. What they want to find is proof that you are a careless driver. This will help them argue that you were the one at fault – not their client.
A History of Past Accidents Can Significantly Impact Your Case
It may not seem fair that you can lose your case over something like past accidents. The problem is that, while your accident attorney in Griffin is trying to prove the defendant was at fault, their attorney is trying to do the same thing with you.
Since Georgia is an at-fault state, it matters who caused the accident. If it appears that you were more at fault than the other driver, you may not be able to collect damages. Your car accident lawyer will try to uncover evidence that your past accidents have nothing to do with the current case.
Your Attorney Will Look for Proof You Were’t at Fault for Previous Wrecks
It would make sense that, compared with someone who’s never been in an accident, somebody with several previous crashes would be liable. What your accident attorney in Griffin will do is seek proof that you were not at fault in these previous accidents.
What they’ll do is request copies of any prior insurance claims that were filed. If there were prior lawsuits, they’ll review the papers from those cases as well. If they can prove that you were a victim in these prior accidents, it can help demonstrate that you weren’t at fault here.
What Will Your Griffin Car Accident Lawyer Do if You Were Partially at Fault?
There is a chance that you may be found partially at fault. Our accident attorneys in Griffin have found that it is rare for one driver to be 100% at fault. Even the most careful drivers make mistakes.
Fortunately, Georgia is one of the many states that allow plaintiffs to collect damages even if they’re partially at fault. This is because, like almost every other state, Georgia follows something called a modified comparative negligence rule.
According to Georgia Statute §51-11-7, plaintiffs who are partly at fault for their motor vehicle accident can collect damages. However, your damages will be reduced by your percentage of fault.
Georgia Law Allows Plaintiffs to Collect Damages Even if They Were Partly at Fault
Imagine that the other driver was speeding and crashed into the back of your car at a red light. Your case would be worth $20,000. However, you are found to be 20% at fault because your brake lights were out.
What will happen is the compensation will be reduced by 20%. So instead of $20,000, you’d only get $16,000.
Don’t Wait to Call an Experienced Accident Attorney in Griffin
It can be hard to convince people that you didn’t cause your car crash if you have a history of getting into car accidents. Your Griffin car accident lawyer is going to have to work hard to prove that this isn’t the case. It will all come down to the evidence available in your case.
It may not seem fair that people would assume that you caused the crash just because you had been in other accidents. Unfortunately, that is a natural assumption a lot of people will make, including a judge or jury.
This is why it’s even more important that you consider retaining an experienced accident attorney in Griffin, Georgia. They can present evidence showing that the other driver was at fault. They can also prove that you’re entitled to compensation.
We recommend that you call our office at (770) HELP-NOW and schedule your free, initial consultation today. You only have a certain amount of time to pursue your case and you don’t want to miss that window.