Being in a car accident is always scary and stressful. It’s even more upsetting when someone’s reckless driving leads to an accident that injures you and damages your vehicle. You have legal options if you suffered an injury from a reckless driver recently. A skilled car accident attorney may assist you in receiving compensation for your medical expenses, lost earnings, and pain and suffering.
What Is Reckless Driving?
The definition of reckless driving varies somewhat by state. In Texas, for example, reckless driving is a vehicle that willfully or wantonly disregards others’ safety. The “willful” and “wanton” standards in many states mean that the driver knew their actions could cause harm.
Reckless drivers may be fined or even sentenced to jail if their actions injure others. They also can face personal injury lawsuits after a car accident that injures others.
Some examples of reckless driving that can lead to a personal injury lawsuit are:
- Driving under the influence of drugs or alcohol
- Erratic lane changes
- Speeding
- Street racing
- Passing a stopped school bus with red signals illuminated
- Texting or engaging in other types of distracted driving
- Tailgating
- Failure to use a turn signal
- Failure to stop at red lights or stop signs
Consequences Of Reckless Driving Car Accidents
Speeding. Street racing. Tailgating. All reckless driving is dangerous and can seriously injure or even kill others. Car accident attorneys routinely represent reckless driving victims with serious injuries, including:
- Traumatic brain injuries
- Spinal injuries, including paralysis
- Bone fractures
- Severe burns
- Amputation injuries
- Crush injuries
- Internal organ damage and bleeding
- Wrongful death
You should retain an auto accident attorney immediately if another driver’s reckless driving injured you. Many injury victims don’t understand the severity of their injuries or how much compensation they may be entitled to. Your attorney understands how to value a reckless driving claim with severe injuries, protecting your rights and fighting for the most money for your losses.
Filing A Car Accident Lawsuit Against A Reckless Driver
People drive recklessly daily because they are late, upset, or irresponsible. But there is no excuse for driving recklessly and endangering the health of others. If a reckless driver injures you in an accident, you can seek damages in a personal injury lawsuit.
You must prove that the other driver’s recklessness or negligence contributed to the accident. The legal standard in a civil case is a preponderance of the evidence, which means that the evidence must show that the other person’s actions were more likely than not to have injured you.
Reckless driving that injures another person in an auto accident is a violation of the standard of care that all drivers have on public roads. Your auto accident attorney will attempt to prove the reckless driver was negligent so you can receive compensation for your losses. Proving negligence involves the demonstration of the following legal points:
- The driver violated their duty of care: Drivers must drive carefully and avoid injuring others on the road, including other drivers, passengers, and pedestrians.
- The driver violated the duty of care: The other driver engaged in reckless driving that caused an accident.
- You suffered injuries related to reckless driving: You suffered an injury, such as a broken leg, because the other driver recklessly drove.
- Compensation can make up for your damages: You have medical bills and lost income, which can be addressed by providing compensation in a claim or lawsuit.
You should retain an experienced, skilled car accident lawyer after a reckless driving injury. Your attorney can examine the accident evidence and prove that another party’s negligence caused the crash. Some of the evidence your attorney may rely on to prove fault in a reckless driving case include:
- Surveillance video footage, if available.
- Photo and video evidence of the accident scene and vehicle positions. If you can, take a photo and video of the crash scene, or ask someone to do it for you.
- Police report, especially if the other driver is cited for reckless driving or another traffic violation.
- Expert witness testimony, such as from an accident reconstruction expert, to show how the accident happened.
- Eyewitness testimony. Objective, third-party statements about how the accident happened are often critical to proving fault. Please obtain eyewitness names and contact information after the crash. Or, ask someone to do it for you.
Turn over all accident evidence to your attorney during the first legal consultation. Your attorney will review how the accident happened and explain potential legal options. You can file a claim or lawsuit if there is strong evidence that a duty of care violation led to the auto accident.
Reckless Driving Car Accident Compensation
You may be entitled to compensation after someone engages in reckless driving and injures you in a car accident. Some of the compensation may include:
- Medical expenses: You may receive compensation for your current and future medical bills. Many motorists injured by a reckless driver may have head trauma, broken bones, internal injuries, spine or neck injuries, dislocated joints, etc. Medical care in the US is expensive, and you can have tens of thousands in medical bills for only one day of hospitalization. You also may receive payment for future medical expenses until you reach maximum medical improvement.
- Lost earnings: You may receive payment for lost earnings from the accident and recovery. You also may be entitled to compensation for lost future earnings, including payment if you are temporarily or permanently disabled. You may receive long-term compensation for being unable to earn a living.
- Pain and suffering: Serious auto accident injuries are painful, and you should receive payment for your physical pain and suffering.
- Mental anguish: Car accident injuries cause severe mental and emotional anguish. You can receive money for mental anguish related to your limitations from your injuries, as well as for the emotional anguish of medical treatments.
Your car accident attorney understands how to value car accident injuries properly. They will work with your medical team to understand the nature and prognosis of your injuries. Doing so ensures you receive proper compensation for all your losses, including those in the future.
How To Obtain Maximum Compensation In A Reckless Driving Lawsuit
You are entitled to compensation for reckless driving injuries if your attorney proves the other driver was at fault. But how do you receive the most compensation? Experienced car accident attorneys recommend the following to maximize compensation:
Don’t Settle Too Quickly
It’s easy for someone to say, “Don’t settle too quickly,” but consider: You are hurt after a crash. You can’t work. Getting out of bed is painful. Medical and other bills are stacked on the kitchen table. You worry about feeding your family and keeping the lights on. It’s understandable if you want to jump on the first settlement check waved in your face.
However, think about it. The other driver’s insurance company is in business to make money. It never offers fair compensation in the initial settlement offer, or usually the second. If you take the first offer they give you so you have “some” money, you get less than you deserve.
It’s common for auto insurance adjusters to call the injured person immediately and offer to pay their medical bills. The adjuster knows their client is at fault, so they want you to sign a release and settlement document for the least amount before you talk to an attorney.
However, most early settlement offers before you retain a car accident attorney are lowball offers. The insurance company may say they’ll pay your medical bills, but it probably only means the initial expenses, such as the first three months. The adjuster isn’t agreeing to pay for your future medical expenses; you don’t even know what they are. The adjuster also might offer a few thousand for pain and suffering or lost earrings, but again, you don’t fully understand your other damages in the first days after the accident.
Do not allow the auto insurance company to pressure you into a fast settlement. You will be shortchanged. It’s guaranteed. Instead, immediately call an auto accident attorney to speak to the insurance company. Let your car accident lawyer deal with the insurance company and negotiate a better offer.
You will probably need to wait a few weeks or months to fully understand the nature of your injuries and other damages. That isn’t easy when money is tight, but hanging on and waiting for a settlement later almost always results in more compensation.
Get All Required Medical Treatments
Get prompt medical attention for your injuries after a reckless driving accident. Don’t wait even a day to get treatment. If you do, the insurance company will question the severity of your injuries. You must also attend your doctor’s appointments and follow the treatment plan. Any missed appointments may lead to a lower settlement offer.
However, it’s easy for someone in a crash to assume they are ok. They may not feel hurt initially and avoid going to the ER and dealing with the hassle. However, imagine waking up two days later and being unable to get out of bed because of a severe back injury. This sort of thing happens a lot after auto accidents. Waiting to see a doctor until you’re in a lot of pain can lead to a worse outcome. Doing so may also cause the at-fault driver’s insurance to question or deny your claim!
Don’t let this happen. Get immediate medical attention after the crash.
Retain A Car Accident Attorney
The next step after getting medical care is calling a car accident attorney. If you have any injuries, you should have a lawyer representing you immediately. Remember, there isn’t any cost for the first legal consultation. The lawyer will review your case, how you say it happened, and your potential injuries. They will recommend filing a claim with their assistance if they think there is a case.
If there isn’t a case – maybe you caused the accident, after all – they will tell you immediately. Either way, there’s no harm in having an experienced car accident attorney review your case. If you are seriously hurt, you should never attempt to negotiate a settlement without a lawyer. You will always end up with less than you deserve.
Never Take The Initial Settlement Offer
The initial settlement offer is only to test if you understand what your claim is worth. The first offer will almost always be well below their final offer. The insurance adjuster will be happy if you take far less than you should; they might even get a nice bonus if you fall for it! But you are the loser in the end. Never take the first offer; have your lawyer review your settlement offer.
Get A Professional Case Valuation
Another excellent reason to hire a car accident lawyer is to get an expert estimate of your case’s value. Few injured parties know what their case is worth.
For example, if you broke your arm when a reckless driver rear-ended you, you might think you are only entitled to current medical expenses. But maybe your arm has complex fractures, and you will need months of medical care and rehabilitation. You may be out of work much longer than you think, too. An experienced car accident attorney knows to have your case reviewed by medical professionals to fully understand your prognosis and the medical care needed for a full recovery.
Taking the actions highlighted above greatly increases the odds that you will be fairly compensated for your reckless driving accident injuries. You deserve full compensation for another person’s negligence, so proceed carefully with your claim.
Speak To An Auto Accident Attorney Today
Were you in a car accident recently because of someone’s reckless driving? You may have medical bills, lost income, pain and suffering, and mental anguish. You can be entitled to compensation for your injuries and other losses. Speak to an experienced personal injury attorney in your community today for more information. The consultation is free, and you won’t pay out-of-pocket legal fees.
