When a car accident occurs in Louisiana, insurance adjusters, car accident attorneys, and juries consider the full picture, which may include records that predate the crash. Driver history and vehicle maintenance records can shape the outcome of a claim in ways most accident victims never anticipate.
If you have been injured in a car accident caused by someone else’s negligence, you need the help of an experienced Baton Rouge car accident lawyer. At Chris Corzo Injury Attorneys, we will protect your rights and help you secure maximum compensation for your damages.
Call a car accident attorney at (225) 999-1111 or complete the short form on our contact page and schedule a free consultation today.
What Is In a Driving Record and Why Does It Matter?
A driving record is an official record that shows a driver’s contact information, license status, violations, and evidence of a driver’s performance over time. In Louisiana, these records are maintained by the Office of Motor Vehicles.
When a serious accident occurs, both sides of a claim have an interest in that history. Your car accident lawyer in Baton Rouge will want to know what is in the other driver’s record. The opposing insurer will want to know what is in yours. What they find can meaningfully influence how liability is assigned and what settlement offers look like.
How Another Driver’s Record Can Strengthen Your Case
When a driver has a history of disregarding the rules of the road, their record can be used to show a pattern of negligent driving. It can also be relevant to how a jury views the credibility of their account of the crash.
When a crash involves a commercial vehicle, such as a delivery truck, company car, or any vehicle operated in the course of someone’s employment, the driver’s history becomes directly relevant to a potential negligent entrustment or negligent hiring claim against the employer.
How Your Own Driving Record Can Be Used Against You
Insurance companies and defense attorneys know that Louisiana’s comparative fault system gives them an incentive to find any basis to assign you a share of the blame.
A history of speeding violations could be used to argue you were likely speeding at the time of the accident. A prior at-fault accident might be cited as evidence of a pattern. A license suspension can be used to chip away at your credibility with an adjuster or a jury.
Under Louisiana’s comparative fault law, you can still pursue compensation even if you share some degree of responsibility for the accident. But every percentage point of fault assigned to you reduces your recovery, and at 51% or more, you cannot recover any compensation.
That is why it matters how aggressively your car accident attorney pushes back against attempts to use your record against you.
The Role Vehicle Maintenance Records Play
If a vehicle is poorly maintained and that negligence contributed to the crash, the at-fault driver’s maintenance records become relevant evidence. A pattern of deferred repairs or ignored recalls can help support a finding that the driver was unsafe.
The defense may argue that your vehicle’s mechanical condition contributed to the accident or worsened your injuries. Outdated inspections, worn tires, or a lack of documented service history can give the other side ammunition to shift blame. Keeping current on vehicle maintenance and retaining records of that maintenance can help protect you in more ways than one.
Sometimes the vehicle’s condition is not due to neglect but to a defect. If a faulty component caused or contributed to the crash, the manufacturer may be liable regardless of either driver’s history. Identifying this possibility early, before the vehicle is repaired or scrapped, requires prompt investigation.
Talk to an Experienced Baton Rouge Car Accident Lawyer
At Chris Corzo Injury Attorneys, we understand exactly how your driving and vehicle records can impact your claim. Our team of car accident attorneys in Baton Rouge knows how to protect your rights and build your strongest case.
Let us help you secure maximum compensation for your damages. Call a car accident lawyer at (225) 999-1111 or visit our contact page for a free consultation.