Can I Use the Defendant’s Bad Driving Record to Prove Liability in an Atlanta Car Accident?

Feb 21, 2019

Can I Use the Defendant’s Bad Driving Record to Prove Liability in an Atlanta Car Accident?

When it comes to car accidents, the hardest thing to do is prove who was at fault. Neither driver is going to admit that he caused the accident. Both drivers will point the finger at the other one. This is because nobody wants their insurance to go up. And neither party wants to be named in a lawsuit.

This is why it’s so important that you call the police after a car accident. An officer can examine the scene and give a description of the scene. He can provide some insight into who may have been at fault. He can also check to see if either driver was breaking the law at the time of the accident.

If either driver was speeding or driving recklessly, the officer will issue a ticket. And, if a driver is under the influence of alcohol or drugs at the time of the accident, he’ll be arrested for DUI.

Both of these things can be crucial in proving your car accident case. Your attorney will submit evidence of any traffic citations in order to prove the defendant was liable.

Accident Lawyers in Atlanta Will Utilize the Police Report

Your accident lawyer in Atlanta is going to check the police report for any useful information. Some of this information includes:

  • Contact information for witnesses
  • License and insurance information for the drivers involved
  • Description of the accident scene and road conditions
  • Notations of any tickets issued
  • A record of any arrests made for DUI or other reasons
  • Statements made by the drivers

Your lawyer will use all or some of this information to prove your case. In particular, he’ll pay attention to any tickets issued or arrests made at the scene. If it appears the other driver was breaking the law at the time of the accident, your lawyer will submit this in your case.

There are some things that won’t appear on the police report. For example, if the driver has been in dozens of accidents over the years, the police won’t have that information. Nor will he have information about how many claims have been filed against the defendant’s insurance policy. Your lawyer will want to get this information.

Atlanta Traffic Lawyers Know How to Do Their Research

The interesting thing about the law is that you can be creative. Your lawyer will use creative measures to gather evidence to support your claim. Over the years, he has learned the tricks of the trade.

Some things your lawyer may look at include:

  • The defendant’s driver’s abstract – This is a brief summary provided by the DMV. It shows any tickets or accidents attributed to the defendant. Most records go back for several years. So, if the defendant has received 6 speeding tickets in the last 2 years, your lawyer will want to submit this in evidence. He’s not trying to prove that the driver had prior speeding tickets – he’s only trying to show his propensity to speed. This is why it won’t be excluded under the hearsay rules.
  • Defendant’s insurance claim history – Your lawyer will have to subpoena this information. If he learns that the defendant has been involved in multiple accidents recently, he’ll want to submit this in court. It shows that the defendant has a history of negligence.
  • Proof of license suspensions and revocations – If the driver’s license was suspended or revoked at the time of the accident, you have a right to point this out. This is something that should be included on the police report. However, if for some reason it isn’t, the courts will have a record of this as well.

Your Georgia Accident Attorney is Going to Demand Compensation for Your Injuries

If you’re hurt in a car accident, you deserve to be compensated. If the other driver has a history of causing accidents, you have a right to know this. You also have a right to point out if he was violating the traffic laws at the time of the accident.

Your lawyer will find a way to get this information on the record. And, since most cases settle long before trial, this information serves another purpose. It is motivation for the defendant’s attorney to settle. If he knows what kind of proof you have, he may be more likely to settle your case.

Call and schedule your free initial consultation today. Let your Atlanta car accident attorney review you case and let you know what it may be worth. The consultation is free and you pay nothing until you win your case.