Auto accidents happen for many reasons, but reckless driving is a leading cause. When another driver drives recklessly, they endanger people around them and may cause a severe accident. Unfortunately, almost 50,000 people died in auto accidents in the US in a recent year alone, and thousands more suffered an injury. Many of these severe and deadly accidents happened because of reckless driving. Also, the country has experienced a 17 percent increase in fatal accidents because of speeding and an 18 percent increase in deadly crashes related to drunk driving.
Proving that another person injured you in a car accident is difficult, even when you think the other driver was reckless. That’s why it’s so important to understand what reckless driving is. Learn more about reckless driving accident claims, and contact a car accident attorney in your city if you have a case. An auto accident attorney may obtain compensation for your injuries and other damages if another driver caused the accident.
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Table of Contents
- Examples of Reckless Driving
- What Is Reckless Endangerment?
- Common Injuries After A Reckless Driving Accident
- Pursuing Compensation After A Reckless Driving Accident
- How An Attorney Can Help In A Reckless Driving Accident Claim
- What Is A Reckless Driving Car Accident Claim Worth?
- You Don’t Pay Unless Your Attorney Wins
- Contact A Car Accident Lawyer Now
Examples of Reckless Driving
Every state has its definition of reckless driving in the law. In Nevada, for example, reckless driving refers to someone driving a vehicle in a willful or wanton disregard for the safety of persons or property. Common examples of reckless driving in many states are:
- Not stopping a vehicle after being told to by a police officer. It is against the law to not willingly stop for a police officer in a readily identifiable vehicle that signals a driver to pull over.
- Hitting a pedestrian or cyclist. Exercising a lack of due care to pedestrians and bikers is also a form of reckless driving. You can receive compensation as an injured pedestrian if a reckless driver injures you.
- Touching the shoulder of the highway while driving. Exercising a lack of control over one’s vehicle is reckless driving, and you can receive compensation in a resulting claim.
- Running a stop sign or red light. Running a light or stop sign resulting in a car accident can lead to severe criminal and civil consequences for the at-fault driver.
- Overly aggressive driving, also known as road rage, can lead the responding officer to cite the liable driver, which can be used to prove negligence in a car accident claim.
- Going more than 25 MPH over the speed limit. Excessive speeding that causes an accident can result in compensation in a personal injury lawsuit.
- Not maintaining a lane while going over the speed limit. Some drivers swerve at high speeds, injuring others in car accidents.
- Racing another car on the road. Drag racing is also against the law, and the driver is probably liable for any resulting injuries.
Many states, including Nevada, consider most reckless driving charges as misdemeanors. However, if the reckless driving action was the cause of severe physical harm or death to another party, the incident may be a felony.
If the other driver is charged for reckless driving, any punishment they receive is separate from a claim or lawsuit you file for your losses. When another driver injures you in an accident, you can seek compensation in a personal injury claim or lawsuit. However, that legal action is separate from any criminal consequences the driver faces.
What Is Reckless Endangerment?
Reckless endangerment is a crime in many states, including Nevada. It refers to a situation where a driver’s conduct poses a serious risk to others’ safety, including child endangerment.
This behavior goes well beyond negligence and involves a severe disregard for the safety of other people. Reckless endangerment can encompass various types of reckless driving, leaving a child alone in a car, or shooting a gun in a suburban neighborhood.
Reckless endangerment is often considered a Class B misdemeanor in many states and can result in jail time and fines. You also can file a claim for damages in a reckless endangerment claim. You need to prove that you suffered harm or damages because of the person’s reckless actions. Potential damages may include lost earnings, medical bills, and pain and suffering.
Proving reckless endangerment in civil court means showing that the other driver’s actions met the definition of reckless behavior in that state. This usually means showing that the other driver knew or should have known that what they did posed a risk of harm to other people.
Your auto accident attorney plays a vital role in proving reckless endangerment. They may gather critical evidence to prove your personal injury claim, including:
- Eyewitnesses to the auto accident.
- Videos and pictures from the crash scene.
- Physical evidence, including vehicle damage and tire marks on the pavement.
- Expert witness testimony about how the accident happened.
- Cell phone records if distracted driving is suspected.
- Blood, urine, or breath test results if drunk driving was a potential factor.
- Police reports.
An auto accident attorney knows how to find critical evidence proving a reckless driving claim. They are also skilled in constructing cases to prove that another driver’s negligence injured you.
Common Injuries After A Reckless Driving Accident
Reckless drivers can cause severe injuries because of their negligence and disregard for others’ safety, including:
- Burns
- Broken bones
- Whiplash
- Spinal cord injuries
- Neck and back injuries
- Head injuries
- Crushed limbs
- Concussions
- Wrongful death
You may be unaware of the full extent of your damages after a reckless driver injures you. Talk to a car accident attorney in a free consultation to learn if you have a strong case. Seemingly minor injuries may be worse than you think, so you should always seek medical attention, followed by talking to an attorney.
Pursuing Compensation After A Reckless Driving Accident
A reckless driving accident can leave you with six or seven figures of medical bills and other losses. A personal injury attorney may help obtain compensation for your accident losses, such as:
- Current and future medical bills include emergency room care, ambulatory care, physical therapy, hospital stays, surgeries, prescription drugs, medical equipment, etc.
- Lost earnings for your current and future lost work time. A severe or debilitating injury may lead to a long-term loss of income that you should be paid for.
- Physical pain and suffering.
- Emotional and mental pain and anguish.
- Physical impairment or disfigurement.
- Loss of enjoyment of life.
- Loss of society and companionship.
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How An Attorney Can Help In A Reckless Driving Accident Claim
A car accident attorney can create a legal strategy to obtain damages for losses from the reckless driving accident. Once the auto accident lawyer proves fault for your losses, they can determine the amount of compensation you may be owed. Your attorney will calculate your various damages and make a settlement demand from the insurance company. Additional steps may include:
- Send a formal demand letter: A car accident attorney must inform the other party that a claim or lawsuit is being filed. After a car accident with reckless driving, the attorney usually demands payment by filing a claim with the liable driver’s insurance provider.
- Perform discovery: A car accident attorney may make a discovery that forces the other party in the accident to turn over certain types of evidence. The purpose of discovery is to collect critical evidence to prove your reckless driving claim. Discovery is also performed if settlement negotiations fail and a lawsuit is filed.
- Settlement negotiations: Most reckless driving claims involve a settlement. The hope is to resolve the claim with an insurance settlement. As part of the agreement, you agree to release the other driver from future responsibility for your damages. A settlement is usually preferable because it avoids an expensive and lengthy lawsuit. However, you should select a successful car accident attorney in settlement negotiations and court litigation.
- Going to court: A court case is possible if the liable insurance company doesn’t offer a fair settlement. Your auto accident attorney will be prepared to argue your case before a jury.
- Attorney receives settlement or jury award: If your case is successful, the settlement or jury award is usually sent to your attorney’s office. Case expenses and legal fees are deducted, and any medical liens are filed on the case. You receive the rest.
A personal injury attorney should investigate most auto accidents with serious injuries that involve reckless driving. Trying to settle your own severe injury claim with a difficult insurance company usually results in a subpar outcome.
Auto insurance companies know injury victims are stressed and often short of money. Medical and regular bills pile up on the kitchen table, and you can’t work. That’s why the insurance adjuster may offer you a token settlement. They know you are more likely to settle for less if you don’t have a car accident lawyer.
You should always consult a car accident attorney for a free consultation in a serious accident with severe injuries. The attorney will tell you if there is a claim or not. They aren’t paid if your claim doesn’t lead to compensation, so they won’t take a case they think won’t pay.
What Is A Reckless Driving Car Accident Claim Worth?
A reckless driving car accident claim can be worth almost any amount. Everything depends on the facts of your claim or lawsuit. Some of the most critical parts of a claim that will influence its value include:
- The amount of medical bills: A reckless driving accident claim with many medical bills will usually be worth more than one with fewer bills. For example, a severe head injury case can have tens of thousands in initial care, followed by thousands more for months or years.
- The seriousness of the injuries: Reckless drivers cause many severe accidents with injuries every day. Suppose a speeding, reckless driver hits you in a head-on crash in Las Vegas on the Strip. You can have multiple broken bones, head trauma, cuts, burns, dislocated joints, etc. It may take months or years to recover. This case will be worth more than if your injuries healed after a few weeks.
- The amount of lost income: You are entitled to lost income after the reckless driving accident. The amount may be higher if you have a severe injury that limits your income-earning capacity in the future. On the other hand, a minor injury that forced you to miss work for two weeks will be worth less.
- Amount of property damages: A reckless driving accident may total your vehicle, which will increase the case value, while your car can be repaired after a less severe crash.
- Amount of insurance coverage: Many drivers only have minimal, state-required liability insurance, which may be as little as $20,000 per accident. This small amount cannot cover more than a day or two in the hospital. Even with substantial damages, recovering more compensation than insurance pays for is often difficult. This is why a car accident attorney needs to find every possible compensation path. For example, company insurance may pick up some of the damages if a driver was driving for their employer when the crash happened.
- Pain and suffering: Some injuries and treatments are more painful than others. Severe burns in a reckless driving truck crash are painful, as are the treatments. This claim would have a higher value than, for example, a whiplash claim.
You Don’t Pay Unless Your Attorney Wins
There is no reason not to talk to a car accident lawyer after a reckless driving crash. The attorney isn’t paid upfront; they are paid by contingency agreement, which means they receive a portion of your settlement. Therefore, they are highly motivated to maximize your auto accident claim compensation. You don’t have to pay out-of-pocket for their services, and you don’t pay unless they obtain compensation for you.
Contact A Car Accident Lawyer Now
You think a reckless driver caused your car accident injuries. What should you do? After getting medical attention, speak to a car accident attorney. You can be entitled to compensation for your medical expenses, lost income, and more. A car accident lawyer is trained to extract the most money from the insurance company for your losses. Speak to a car accident attorney today in a free consultation.