When you are in a car accident, you may wonder how your driving record may impact your claim. In Oklahoma, the courts follow the comparative negligence doctrine to determine who is entitled to compensation after an accident. As long as the judge determines you are 50% or less at fault for the wreck, you are entitled to compensation for your damages suffered. It is critical to work with an experienced personal injury attorney who can assist you in proving the other driver has more at fault than you.

How Your Driving Record Could Impact Your Claim

The facts surrounding the wreck are not the only factors the court considers when awarding compensation. Another factor a judge or insurance company might examine is your driving record. If you have a history of driving violations, the other driver’s insurance company will likely use it against you. A bad driving record could result in:

More Fault Assigned to you

Unless it is clear that one of the drivers is 100% at fault for the car accident (such as hitting a parked car), the fault for the accident is divided between the drivers. There is no specific formula to follow for assigning fault and it is often a subjective process. As a result, a poor driving record may result in a greater percentage of fault being attributed to you, especially if the other driver has a clean driving record.

Offered Less Settlement Money

An insurance company looks for anything it can use against you to save money and convince you to settle for less than you deserve. Using your poor driving record to increase your level of fault can result in a lower payout for them to settle your claim.

Negatively Influences the Jury

While most auto accidents are settled, it is possible your case will go to trial if the insurance company refuses to make a fair settlement offer. The attorneys for the insurance company will undoubtedly use your poor driving record as persuasive evidence against you.

What Your Driving Record Shows

When an insurance company pulls your driving record, they can discover a lot of information. A few examples of what your driving record shows include:

• Status of your license (valid, revoked or suspended)
• A list of your traffic violations, such as speeding tickets
• Traffic accidents you have been involved in
• Points assigned to your driving record for violations
• DUI/DWI convictions
• Driver education courses you have attended

Minor traffic violations and accidents generally remain on your record for three years. Points remain on your driving record for five years, while DUI/DWI convictions remain for 10 years. Any serious driving offenses, such as vehicular manslaughter, may be on your driving record permanently.

Contact an Experienced Personal Injury Attorney for Guidance

Filing a personal injury claim after an auto accident can be stressful, time-consuming, and difficult to navigate without help. Schedule a consultation with an injury lawyer to discuss your case and learn your options for recovering the compensation you deserve. We are happy to answer all your questions.

If you were injured because of someone’s negligence, our personal injury attorney aggressively represents clients in injury cases. At Babbit, Mitchell & Ogle Law Firm, our OKC personal injury lawyers work individually with each of our clients to address specific needs that each client has in their respective case. Helping our clients with various issues related to their cases is what eliminates the stress for our clients and helps them return to their everyday lives. Our firm’s focus is to make sure that all our clients’ needs are met and that each of our clients is adequately compensated for their loss, pain, and suffering. Contact us today!