Can Former Driving Conviction Affect Your Car Crash Claim?

Past traffic convictions add to the list of factors that could influence the outcome for a car crash claim.

Basic facts about past driving convictions

Those conviction are removed from the driver’s record after 2 years. The nature of the driver’s past offense determines the extent to which it could hamper the efforts made to complete the claims process.

Personal Injury Lawyer in Oakville knows that no traffic conviction can cancel an injured driver’s right to seek fair compensation for damages. All drivers a have duty of care towards other motorists, even those that received a traffic conviction in the past.

Factors considered by those lawyers that have agreed to handle a claim that was presented by someone with a blotch in his or her driving history

• Does the at-fault driver have a similar mark on his or her driving history?
• Does the evidence suggest that my client’s actions might have triggered the accident’s occurrence?
• Did the other driver receive a citation?
• Has either party tried to hide a history of convictions?

—If either party has lied, then that fact could be introduced in court. Otherwise, neither lawyer would be allowed to refer to the convictions’ existence at any time during a scheduled trial.
—Mention of a conviction’s existence, or an attempt to hide that particular fact would still be allowed during a discovery session.

Best advice for an injured motorist that was previously found guilty of violating a traffic regulation.

Be honest; do not try to hide any facts. Seek the assistance of a personal injury lawyer, when trying to pursue a personal injury claim. Lawyers know how to look for evidence that the other driver was negligent during the moments before the accident.

—Cell phone records might show that the other party was on the phone at the time of the crash. That would indicate that he or she could be charged with distracted driving. A defense attorney would struggle to fight such a damaging piece of evidence.
—Items found in the other driver’s vehicle might indicate that he or she was not watching the road. An investigation of the crash site might show that an involved vehicle that with a female driver contained an open handbag, and a loose tube of lipstick. A motorist of either sex might have been eating while trying to control the steering wheel.
—An attorney could also check to see exactly how many traffic convictions the at-fault party had received within a given year. That information could suggest the same party’s tendency to carry out careless and negligent acts. In other words, it would work to support an allegation that the at-fault motorist had chosen to breach his or her duty of care in the past.

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