Maybe. Driving records can contain useful information that can help illuminate the type of drivers involved in the accident. They may be useful when liability is in dispute. However, they have limitations. Here is what you need to know about how driving records may impact your auto accident case in San Antonio.
What Driving Records Include
Driving records in Texas include various forms of information, including the following:
- License status
- Traffic violations
- Accidents where the licensed individual is found at fault
- Other relevant driving-related incidents
The Texas Department of Public Safety maintains these records, which serve as a comprehensive history of driving behavior and a reliable source to assess a person’s risk as a driver. If a person accumulates too many points on their driving record, they can lose their driving privileges.
How Driving Records May Come into Play in Personal Injury Cases
When a driver has a history of traffic violations, such as speeding or running red lights, the insurance adjuster or factfinder may believe that the driver was more likely to have engaged in similar behaviors and caused the accident. They can consider each driver’s record when determining liability.
After a person files a personal injury claim in San Antonio, the insurance company will likely pull their driving record. They do this so they can find important information about a person’s driving habits and history. For example, if the driver has DUI convictions, this could suggest that the accident may be due to drunk driving.
In contrast, a clean driving record could support your position that you are a safe driver and lean in your favor.
Texas is an at-fault state for car accidents, so the party who is found at fault for the accident is responsible for paying for the harm they cause. But this requires showing that the other driver was negligent in causing the accident. The court can examine various factors, including the defendant’s actions and whether they breached the duty of care. A person’s driving history is one aspect the court can consider when assessing liability. A previous history of reckless driving, traffic violations, or accidents can be presented as evidence to support the legal argument that the driver was negligent in causing the accident.
The Limitations of Driving Records
While driving records can help provide a historical perspective on a driver’s behavior, they might not help in determining how a specific accident occurred. While they can show that a driver may have been more likely to be speeding or driving recklessly, they don’t show whether that behavior contributed to the current accident.
Therefore, lawyers, insurance companies, and courts can consider various pieces of evidence when determining fault in a car accident, including the following:
- Driving records
- Accident reports
- Statements from the responding law enforcement officer
- Witness statements
- Traffic camera footage
- Dashcam footage
- Testimony from accident reconstruction experts
The jury determines whether the facts are more likely than not as you allege.
Contact George Salinas Injury Lawyers for Help Proving Liability
While driving records are an important part of your case, other forms of evidence may have a more significant impact on your case. Contact George Salinas Injury Lawyers for a free consultation to discuss your unique situation.