After a car accident, you may wonder what rights and options you have to recover compensation. This is especially the case if your driving record is not impeccable.
Will a bad driving record impact your compensation? Will it prevent you from recovering damages from the at-fault party?
If you are in this situation, our experienced car accident lawyer in Texas at the Burkett Law Firm can help you better understand your rights. Learn more about this situation here and call our office to discuss your case further.
Understanding Texas Traffic Laws and Driving Records
Before diving deep, it’s crucial to understand Texas’s stance on driving records. In Texas, a driving record, also known as a Motor Vehicle Report (MVR), keeps track of a driver’s history. This includes any tickets, accidents, and other violations. The Texas Department of Public Safety maintains these records.
Relevance of Your Driving Record in a Car Accident Claim
When filing a claim after a car accident, the primary concern is determining fault and liability. While it might seem logical to assume that someone with a poor driving record is automatically at fault, Texas law doesn’t directly correlate past infractions with current accidents.
That said, a car accident lawyer in Texas may consider your driving record under specific circumstances:
Previous Similar Incidents
If your record indicates a pattern of similar mistakes or accidents, the opposing counsel might use it to establish a behavioral trend. For instance, if you have multiple past infractions for running red lights and are accused of doing so in a recent accident, it might be used against you.
Recency of Violations
Recent violations are more likely to be brought up than older ones. Older infractions become less relevant if you’ve maintained a clean record for several years.
Severity of Past Infractions
Major violations like DUIs can have more weight than minor infractions like parking tickets.
Compensation After a Car Accident with a Bad Driving Record
A common misconception is that a poor driving record automatically negates your right to compensation after a car accident in Texas. However, every incident is unique, and the specifics of the accident are the primary determinants of compensation eligibility.
Medical Bills and Treatment Costs
Regardless of your driving record, you may be entitled to compensation for medical expenses if you sustain injuries due to an accident. This can cover immediate treatments, surgeries, physiotherapy, and any long-term medical care required.
Damage to Property
The state of your driving record doesn’t invalidate claims for property damage. If another party is found liable, you can seek compensation for repairs or the replacement value of your vehicle and other damaged personal property.
Lost Wages and Earning Capacity
You can claim lost wages if the accident results in injuries that prevent you from working. Even with a bad driving record, the inability to earn due to the accident’s aftermath is compensable damage.
While a bad driving record might complicate the claims process, it doesn’t nullify one’s rights. With the assistance of a skilled car accident lawyer in Texas, you can navigate the intricacies and pursue the compensation you deserve.
Protecting Your Rights: Hiring a Car Accident Lawyer in Texas
Navigating the aftermath of a car accident can be stressful and confusing. With the complexities of Texas law, having a knowledgeable car accident lawyer by your side is crucial. They can clarify and uphold your rights and help you get the best possible outcome for your case.
Challenging Unfair Assessments
Not all car accident assessments are fair or accurate. External factors like a poor driving record can sometimes cloud the actual events of the accident. A skilled car accident lawyer in Texas can challenge such biases, ensuring that the current accident’s specifics are the primary focus.
Injuries, damages, and emotional distress resulting from a car accident can lead to significant expenses. A Texas car accident lawyer can fight to ensure you get the maximum compensation, covering medical bills, repair costs, lost wages, and other associated damages.
Navigating Complex Laws
Texas car accident laws can be intricate. From understanding comparative fault rules to statutory limitations, a dedicated lawyer ensures you follow every protocol, maximizing your chances for a successful claim.
Mitigating the Impact of a Bad Driving Record
A tarnished driving record in Texas can influence perceptions, especially during car accident claims. However, proactive steps can help drivers redeem their reputation and counteract past mistakes.
Defensive Driving Courses
Texas offers defensive driving courses designed to enhance a driver’s skills on the road. Completion of such courses can not only remove points from your record but demonstrate a commitment to road safety. A car accident lawyer in Texas can often recommend the best courses to attend.
Maintaining Safe Practices
The longer you exhibit safe driving habits, the more your past infractions fade in relevance. Over time, a consistent display of responsible driving can help overshadow prior mistakes, making them less impactful during legal proceedings.
Review and Rectify
It’s essential to check your driving record for errors or inaccuracies regularly. A wrongful citation or unaddressed discrepancy can unjustly affect your reputation. Taking the initiative to rectify such errors is vital in managing your driving record.
Understanding the Impact of a Bad Driving Record on Your Car Accident Claim
In Texas, while a bad driving record doesn’t directly decide the outcome of a car accident claim, it can influence perceptions and negotiations. Hiring a competent car accident lawyer in Texas ensures you easily navigate these complexities, focusing on the facts of the current incident rather than past mistakes.
At the Burkett Law Firm, our Texas injury lawyers can help you understand your rights and help you get the compensation you deserve. The first step is to contact our legal team to schedule a free consultation.