If you are involved in an automobile accident case, you may wonder if evidence of your bad driving record or the defendant’s record is admissible. Conventional wisdom would imply that a person with a bad driving record is more likely to cause an accident, so a jury should hear about that.
Of course, it’s called “conventional wisdom” instead of just “wisdom” because it’s usually wrong, as it is in the case of evidence of a bad driving record. With few exceptions, evidence of either driver’s past moving violations will not be admissible in your car accident case.
Bad Driving Records Fall Under the Prior Bad Acts Rule
In civil litigation, “prior bad acts” are generally not permissible to prove a party’s misconduct in the current case. This includes bad driving records, such as multiple speeding tickets or failure to yield citations. The rationale is simple: just because someone has committed driving infractions in the past does not necessarily mean they were at fault in your specific accident. Although this information is often uncovered during the discovery phase, it is usually not admissible at trial.
Bad Driving Records Can Be Admissible Under Certain Circumstances
Exceptions exist to the general rule that prohibits the admissibility of parties’ driving records to prove negligence in the accident. For instance, if the defendant boasts about their driving skills during the trial, they inadvertently open the door for their bad driving record to be used as evidence to challenge their claim. Here, the driving record serves not to prove negligence at the time of the accident but to dispute the defendant’s self-portrayal as a cautious driver.
Similarly, if a defendant falsely claims to have never received a moving violation, their driving record can be introduced to question their honesty.
Another scenario where a defendant’s bad driving record may be relevant involves cases where the defendant was driving a company vehicle at the time of the accident. If an employer knowingly hired or retained a driver with a poor driving record, they could face lawsuits for negligent hiring or retention. In such instances, the bad driving record is used to show the employer’s negligence in hiring practices, not to prove the driver’s negligence in the accident.
A third exception is the admissibility of felony convictions related to driving, such as felony DUI or vehicular manslaughter, if they occurred within the last ten years. These convictions can be used to impeach a defendant’s credibility, regardless of their direct relevance to the accident.
What About Evidence of Prior Accidents?
Evidence of prior auto accidents is generally not admissible to establish fault in your lawsuit. However, if you have been involved in previous accidents that resulted in injuries, this information might be relevant to show a pre-existing condition. Your attorney can argue for the exclusion of this evidence, especially if the injuries were minor or unrelated to the claims in your current lawsuit. The goal is to limit the evidence to the fact of injury without delving into the specifics of the accidents.
Juries are typically shielded from hearing about prior bad driving unless it serves a legitimate purpose beyond proving negligence in the current case.
Evidence Must be Relevant and Not Overly Prejudicial to be Admissible
The admissibility of a defendant’s bad driving record hinges on the balance between relevance and potential prejudice.
Fields v. Volkswagen of America, Inc. (Oklahoma Supreme Court, 1976): This case underscores that evidence of a defendant’s past actions can be admissible if it directly pertains to the current case, but it should not unfairly sway the jury.
Deatherage v. Dyer (Oklahoma Court of Appeals, 1974): The court ruled against the admissibility of other accidents to prove negligence, highlighting the risk of speculation and prejudice.
Laughlin v. Lamar (Oklahoma Supreme Court, 1951): It was decided that a judgment in a criminal case could not be used in a civil action to establish a fact, except when the defendant has pleaded guilty, which is considered an admission against interest.
McCarley v. Durham (Oklahoma Supreme Court, 1954): Evidence of a defendant’s prior reckless driving was found admissible as it was relevant to the claim that the defendant’s father was aware of this behavior.
Driving Evidence FAQs
Can evidence of my bad driving record be used against me in court?
Generally, evidence of past driving infractions is not admissible to prove negligence in your current case. However, there are exceptions, such as if you make claims about your driving skills or history during the trial.
How can my attorney prevent my previous accidents from being used as evidence?
Your attorney can argue that previous accidents, especially those not resulting in significant injuries or involving different body parts than those claimed in the current lawsuit, should not be admitted as they are irrelevant to the current case.
What is the “Prior Bad Acts” rule?
The “Prior Bad Acts” rule is a legal principle that prohibits the use of evidence of a party’s past misconduct to prove they acted in the same manner in the current case. This includes evidence of bad driving records.
Is it possible for a defendant’s felony DUI conviction to be admitted as evidence?
Yes, felony convictions related to driving, such as DUI or vehicular manslaughter, can be admitted to impeach a defendant’s credibility if they occurred within the last ten years.
Can an employer be sued for negligent hiring if their employee causes an accident while driving a company vehicle?
If an employer knowingly or shown to have reasonably known, hired, or retained an employee with a bad driving record, they could face lawsuits for negligent hiring or retention, especially if the employee was driving a company vehicle at the time of the accident.
How does the court decide if the evidence is overly prejudicial?
The court weighs the evidence’s relevance to the case against its potential to unfairly sway the jury. Evidence that is highly prejudicial and not directly relevant to the case at hand is likely to be excluded.
Can evidence of prior accidents be used to show a pre-existing condition?
Yes, if you were involved in prior accidents that resulted in injuries, this information might be admissible to demonstrate a pre-existing condition, depending on the specifics of your case and injuries.
What happens if a defendant lies about their driving record during the trial?
If a defendant falsely claims to have a clean driving record during the trial, their actual driving record can be introduced as evidence to challenge their credibility.
Are all felony convictions admissible in civil cases?
Not all convictions, but felonies or misdemeanors involving dishonesty, such as fraud, are generally admissible against any party to impeach their credibility.
How can evidence of a bad driving record be obtained?
Evidence of a bad driving record is typically obtained during the discovery phase of a lawsuit, where both parties exchange information and evidence relevant to the case.