Understanding Personal Injury Law

In A Car Accident And Going To Trial? 3 Things You May Not Be Able To Use As Evidence

5 July 2016

Celina Nichols

If you have been in a car accident and the other driver is refusing to pay you, your car accident attorney will likely suggest you go to trial. This will help you get what you need to pay for repairs for your car and money for any medical fees you may have. Before you go to trial, below are three things you may not be able to use as evidence.

Medical Expense Payments

Your medical expense payments may become very high if you are injured during the car accident, and in some cases, these expenses are ongoing. Even so, depending on the state you live in, you may not be able to use proof of medical expense payments you have made or any payments the other driver has given to you during your trial. For example, the state of Alabama has this law in effect.

The court's justification for this law is that if the use of this type of evidence is allowed it would prejudice the defendant's case. Also, if the defendant reveals they paid for your medical bills, this would imply that they are liable for the injuries you sustained from the accident.

Driving Records

Prior driving records, such as a lot of speeding tickets in the past, running red lights, etc., falls under the Prior Bad Acts Rule. The courts look at this like just because a person has something like a lot of speeding tickets on their driving record, this does not mean they were driving fast during the time of the accident.  This is beneficial for both you and the defendant. If the jury is aware of these records, it may sway them in their decision of awarding payments.

Accident Report

When the police arrive at the scene of the accident, they will make an accident report. On this report they will state the position of the cars, make and model of the cars, and other important details about the accident. The police officer will speak to both you and the other driver and write what both of you say in this report.

Even though you should get a copy of this accident report for your insurance company, you may not be able to use the accident report during your trial. This accident report will also help the attorney defend you in the accident, as it helps them better understand what happened.

Your car accident attorney can give you much more information about how your trial will work to help you better understand how everything will go. Contact a business, such as the Terrence Salerno Law Office, for more information.   

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