Q: Can prior criminal convictions be used as evidence in a personal injury lawsuit? Also, convictions after the accident?
My husband was rear ended by a dump truck He was stopped and waiting on traffic to make a left turn. Truck never hit his brakes and was going about 45-50 mph. Husband now has 3 ruptured discs as well as injuries to 2 others. Never a back problem in his life. Devastating because his only hobby was fitness.
Truck was coming down a hill that leveled out before he reached my husband. Clear view the entire time. We recently found out that the driver has a criminal record since before he was 20. Driving and trucking violations all throughout. He actually was arrested for possession of a controlled substance and was issued a DWI the VERY NEXT DAY after hitting my husband. State jail felony, $20,000 bond. 12 days later, he was arrested again for 2 trucking violations and possession of a controlled substance! He somehow passed his drug test 7 hrs after my husbands accident.
Depositions are scheduled in 4 days and no one can find the driver. He has “failure to appear” all over his record.
A: With depositions scheduled, I assume you have previously hired an attorney. If so, then you need to ask your attorney this question. If you haven't hired an attorney, then you should probably do so ASAP. Criminal convictions can be used against witnesses in certain instances, generally to attack a witness's credibility.
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