Reckless Driving Accident Lawyer BIG AUTO

Each state mandates laws that regulate the definition of reckless driving and the penalties imposed if caught in the act. However, most agree that reckless driving is the willful or wanton disregard for the safety of other people on and near the road while driving. A reckless driver can cause severe injuries and substantial property damage and could face criminal and civil cases simultaneously. As a result, personal injury lawyers commonly help victims of reckless drivers restore their financial security and get the help they need to hold the at-fault driver responsible.

Common Examples of Reckless Driving

There is no definitive list displaying every possible example of reckless driving. It is an act that can manifest in many forms. However, the most common reckless driving examples include:

• Unlawfully passing another driver around a curve or up a hill when visibility is low
• Texting while driving
• Driving under the influence of drugs or alcohol
• Speeding or driving too fast given the current road conditions
• Passing a stopped school bus
• Running a red traffic light or stop sign
• Excessively changing lanes, especially during hours of traffic congestion
• Using the road’s shoulder to pass or failing to use a signal before passing
• Driving at high speed in areas with heavy pedestrian traffic

The list can go on, and the penalties vary based on the damage done. Because reckless driving nearly always involves excessive speeding, the potential for severe injuries is high.

There is no way to predict the bodily harm a victim may suffer from an accident caused by a reckless driver. Several factors can affect the damage, including the size and type of each car, the position of impact, and the speed of both vehicles when the crash occurred. However, some common injuries from high-speed auto accidents include the following:

• Back injuries. Muscle strains and sprains, herniated discs, and vertebrae fractures are all possible, even in a minor accident. They can leave victims unable to work or function normally for an extended period.
• Spinal cord injuries. A sudden blow to the spinal cord with enough force could result in temporary or permanent paralysis caused by severing or crushing the sensitive tissue. These injuries alter a victim’s life entirely.
• Broken or fractured bones. Given the limited space and the body’s position inside the car, broken or fractured bones can occur anywhere on the body. High-speed impact commonly results in multiple broken bones.
• Whiplash. Whiplash is a painful condition that results from the force of the impact, causing the head to whip back and forth aggressively, resulting in micro-tears to the neck’s soft tissue. It causes stiffness that can last for months and reoccur over time and often results in debilitating pain.
• Head and brain injuries. Traumatic brain injuries are among the most severe personal injuries from reckless driving accidents and are prevalent in cases involving motorcyclists. Common types of TBI include concussions, contusions, skull fractures, brain penetration, and hemorrhaging.
• Cuts, bruises, and lacerations. Considering the beating a body takes during an auto accident, bruises, contusions, scratches, and lacerations can occur anywhere and in varying ranges of severity.

It is not uncommon to see a combination of multiple types of injuries, given the aggressive nature of a high-speed reckless driving accident. The result is significant damages for which the at-fault driver or their insurance company is responsible. If someone dies, the consequences would likely be even more substantial.

When someone dies as the result of what would otherwise be a valid personal injury claim, the law categorizes it as wrongful death and allows the family of the deceased to file a wrongful death claim seeking damages for their losses. Most states limit the ability to file a wrongful death claim to the following individuals:

• The deceased’s surviving adult children
• The deceased’s surviving spouse and minor children
• The deceased’s step or adopted children
• The executor of the deceased’s estate

 
When none of these family members are available to receive compensation, some states allow payment to go to siblings, grandparents, or anyone listed as a beneficiary in the deceased person’s estate plans.

A reckless driving accident lawyer can represent you in an auto accident case or a wrongful death case. They take over all the responsibilities that fall on you, as the plaintiff, to prove negligence and support your damages claim. Some specific tasks they perform include:

• Drafting the demand letter you send to the defense regarding your negligence claim and demands for compensation
• Representing you in all conversations and negotiations with the defendant’s insurance company
• Investigating the accident to find the evidence needed to support your claim that the defendant was negligent
• Enlisting relative professionals to help with the investigation, such as auto accident reconstruction experts
• Gathering the necessary evidence to prove all damages claimed in your demand letter
• Building a solid case for trial should negotiations for a settlement fail
• Representing you when deposed by the defense team and questioning the defendant during their deposition
• Completing all the paperwork necessary to file your claim promptly and without mistakes

 
The nuances of tort law can be complex for someone without legal experience to understand, and often it takes someone significantly longer to prepare a strong case adequately. Additionally, gathering evidence and negotiating with an insurance adjustor while healing from severe injuries or grieving your loved one is more than you should have to bear. A legal representative offers the professional help you need and gives you peace of mind while you focus on improving your physical and emotional wounds.

As the plaintiff in a personal injury case against the at-fault driver from your accident, the civil court requires you to provide sufficient evidence to support all your claims, including the claim that the defendant is responsible for the damages from your case. Supporting a negligence claim means proving the following four components:

1. The reckless driver owed you a duty of care. Duty of care means they had a responsibility to regard the safety of others on and near the road with reasonable care. According to federal and state law, anyone operating a vehicle on a roadway automatically owes other drivers a duty of care.
2. The reckless driver breached that duty of care. A charge of reckless driving is sufficient to prove the other driver breached their duty of care because reckless driving is a traffic violation.
3. The breach of duty resulted in the car crash. You must provide evidence supporting a link between the reckless driver’s conduct and your accident. The police, your attorney, and the insurance company will each conduct an independent investigation to find these links.
4. The car crash resulted in your injuries. Your injuries and other damages claimed must be a direct result of the accident. You can typically prove this using medical records and expert witnesses.

 
Without all four elements, you will not be able to prove the other driver is liable for your losses. However, negligence is commonly easy to prove in reckless driving cases. The burden of proof in civil court is “by a preponderance of the evidence,” which means you must verify that the other driver more likely than not caused the accident and your injuries by violating traffic laws.

Damages specifically refer to the financial and emotional losses you suffered from your accident. They are known collectively as compensatory damages. The purpose of tort law is to provide victims of personal injuries with a legal option for restoring those losses through a monetary settlement or award. In a reckless driving accident case, the court may also require the defendant to pay punitive damages as a punishment for their disregard for your safety. Punitive damages are often substantial, sometimes amounting to significantly more than the compensatory damages.
 

Economic Damages

 
Any way the accident affected you financially likely falls under the economic damages. Examples include:

• Current and future medical expenses
• Current and future lost income, either from missed work or loss of earning capacity
• The cost of repairing or replacing your damaged property
• All other expenses incurred during your recovery, such as childcare, transportation, and household help costs

 
In a wrongful death case, you could claim any of these expenses related to care your loved one received before death, as well as the cost of funeral and burial or cremation expenses, loss of inheritance, and loss of benefits, such as retirement or healthcare coverage.
 

Non-Economic Damages

 
Non-economic damages refer to the mental and emotional affect of the accident and your injuries. Examples may include physical and emotional pain and suffering, loss of the ability to enjoy your life, and mental health effects, such as anxiety or depression. In a wrongful death case, you could claim the loss of companionship or consortium and the loss of nurturing and love provided by your loved one. A reckless driving accident lawyer can help you identify and quantify these losses to ensure you receive the maximum available damages.