Metairie, LA – Some drivers become a source of problems for others due to things like constantly getting into accidents or violating traffic laws. A person’s driving history may be relevant for some issues in a civil accident lawsuit, however there are restrictions in the rules of evidence regarding how this type of information can be used.
The rules of evidence and propensity to commit certain actions
There are limitations on how a person’s prior actions can be used to prove liability or even criminal offenses. The rules of evidence generally disqualify any character evidence that is used to show that a person is liable or guilty based on prior bad acts. In other words, the jury is not supposed to conclude that a person acted a certain way merely based on their prior propensity to commit similar actions.
However, there are some exceptions to these rules and ways a person’s history can be used for different objectives.
Uses of prior driving issues
The attorney for the plaintiff can request a driving record abstract from the state’s department of motor vehicles. This can show things like tickets and prior license suspensions issued throughout the person’s years of having a license. This is often used for the purposes of showing the propensity to drive carelessly. License suspensions may also be related to criminal actions like driving under the influence.
Even if this document is never introduced at trial, it still may show that the defendant is a poor driver, and was more likely to cause an accident. This kind of information can be used in settlement negotiations.
Insurance claims are another important source of documentation. If the defendant has submitted claims for multiple accidents or other issues within the last several years, this can also show a likelihood to have problems driving. This may essentially prove a history of negligent actions while behind the wheel.
Accident lawsuits and settlement negotiations
Personal injury lawyers make many different decisions regarding what kind of evidence will be utilized in a lawsuit. This may include driving records and various other items related to the accident. When a person has retained legal counsel to bring a lawsuit, they can trust the lawyer’s discretion regarding what kinds of evidence and information will be most useful to get a settlement or a favorable verdict from a jury. Specific questions should always be directed to the attorney handling the case.
Help with accident cases in Louisiana
Walker Daly LLP is an experienced firm that handles accident and personal injury lawsuits in the Metairie area. Potential clients can speak with the firm to learn more about the process to receive compensation.
Firm contact info:
3939 N Causeway Blvd Ste. 200, Metairie, LA 70002