Every motorist has the legal duty to drive safely, obey traffic laws, and avoid engaging in unnecessarily dangerous driving behaviors. Reckless driving is one of the most blatant breaches of this obligation. Drivers who conduct themselves with little regard for the safety of others are more likely to cause catastrophic accidents and fatalities.
Victims of reckless driving collisions may experience a number of personal and financial losses such as significant medical bills, lost earnings, and pain and suffering. Fortunately, they have the right to take legal action to seek the compensation they need. If you or a loved one were hurt in a reckless driving accident, the Syracuse, NY attorneys of Carden Dotzler Hammond, PLLC are ready to advocate for you.
Common Examples of Reckless Driving
Whereas negligence involves careless behavior or irresponsibly making a mistake, to be reckless is to conduct oneself in a way that the person knows, or should reasonably know, is unsafe and may cause harm to others. More specifically, under New York Vehicle and Traffic Law (VAT) §1212, reckless driving is operating a vehicle in a way that either puts others at risk of injury or death or unreasonably interferes with another person’s lawful use of roads and highways. A few of the most common examples of reckless driving illustrate this:
- Tailgating
- Speeding excessively
- Racing other drivers
- Running red lights and stop signs
- Driving under the influence of drugs or alcohol
- Distracted driving (e.g. texting while driving)
- Fatigued driving
- Abruptly changing lanes or failing to merge safely
- Driving over the curb or on the sidewalk
- Driving with too many passengers
- Failing to stop for emergency vehicles
- Passing other vehicles on the shoulder
Injuries That Result From Reckless Driving
If you or a loved one have been hurt in a reckless driving accident, it is imperative that you seek immediate medical attention. Failure to do so could aggravate your condition and jeopardize your legal rights, so follow your doctor’s advice and be aware of these common reckless driving injuries:
- Whiplash
- Bone fracture
- Concussion
- Neck, back, and spinal cord injury
- Internal organ damage
- Internal bleeding
- Traumatic brain injury (TBI)
- Paralysis
Proving Reckless Driving in Syracuse, NY
The victim of a reckless driving accident has the burden of proof in a civil lawsuit, meaning it is their duty to prove the following elements:
- Duty of care: Every driver owes everyone else on the road (including other drivers, pedestrians, and bicyclists) a duty to drive safely and obey traffic laws. Put another way, everyone must avoid behavior that could cause injury to someone else.
- Breach: A breach is a violation of the duty of care, which in many cases is a negligent act or omission. However, a breach may also result from a reckless action like those listed above.
- Causation: The breach, in this case reckless driving, must directly cause the victim’s injuries. Causation can be complicated if there are multiple at-fault parties.
- Damages: Lastly, the victim must prove the nature and amount of the damages they are claiming. These include both past damages and reasonably estimated future ones.
What Types of Damages Are Available?
Damages are available to compensate the victim of a reckless driving accident for their actual financial and personal losses. Among these are:
- Medical bills: Your bills may cover ambulance care, hospitalization, surgery, prescription medication, physical therapy, adaptive medical equipment, and more. Also included are reasonably projected future bills you may incur.
- Lost wages: During the recovery from your injuries, you could miss a substantial amount of work. You have the right to request compensation for this loss.
- Reduced earning capacity: Your injuries may prevent you from working at the same productivity level as before the reckless driving accident. You can seek payment for reasonably projected income, bonuses, benefits, and other compensation you will lose in the future.
- Pain and suffering: The physical pain and emotional distress inflicted upon victims of reckless driving are very real losses. The victim can ask for compensation to cover these so-called non-economic losses.
- Property damage: If your vehicle is damaged or destroyed because of the reckless driving accident, you can recover costs to repair or replace it. The same is true for other personal property you may lose in the accident.
- Wrongful death damages: Reckless driving claims the lives of countless people in New York every year. Eligible survivors of the victim can seek wrongful death damages, and our Syracuse law firm can assist.
In certain personal injury cases where the at-fault party was particularly reckless or malicious, the victim may have the right to seek punitive damages. These are designed to punish the wrongful behavior and deter future incidents of it.
How Criminal Charges May Affect Your Civil Case
Reckless driving is a crime in New York, and a driver who is convicted of it can face jail and other legal penalties. But it’s important to understand that a criminal case is distinct from a personal injury (civil) case. Even if the reckless driver is convicted of a crime, the criminal conviction itself does not result in monetary damages being paid to the victim.
The victim will need to file a personal injury lawsuit in civil court against the driver. However, a criminal conviction can significantly aid the victim’s civil case. A Syracuse personal injury attorney will use the conviction to argue that the driver should be held liable for the victim’s monetary damages.
Will My Case Go to Court?
There are generally two paths that your reckless driving case will take.
- Settlement with the insurance company: Many reckless driving cases settle out of court if the insurance company representing the at-fault driver negotiates in good faith. Be aware, however, that if you sign a settlement agreement it will forever release the insurance company from any further responsibility other than what is agreed upon. So be sure you consult an attorney before agreeing to anything with the insurance company.
- Court: Many insurance companies negotiate in bad faith, for instance by making lowball offers to settle victims’ non-economic losses. They may also contest your punitive damages claim if you make one. We will negotiate for the highest possible settlement with the insurance company, and help you make an educated decision of whether to accept their final offer or proceed to trial.
How an Experienced Personal Injury Attorney Can Help
When you hire CDH Law to help with your Syracuse reckless driving car accident case, we serve you by:
- Investigating the circumstances surrounding your accident to acquire valuable evidence
- Identifying all parties who may be held liable for your injuries
- Talking to witnesses who observed the accident and who can testify on your behalf
- Negotiating your claim with the at-fault parties’ insurance company
- Representing you during mediation to try to reach a settlement in your favor
- Explaining the legal consequences of accepting a settlement offer versus taking your matter to court
- Filing and serving a lawsuit on the defendants if a fair settlement cannot be reached
- Conducting discovery, the formal process by which parties to a lawsuit request and exchange information and documents related to the case
- Applying the substantive law surrounding reckless driving to your case
- Understanding important court rules such as civil procedure, evidence, and discovery rules
- Retaining expert witnesses who can provide valuable testimony concerning fault, reasonably estimated future damages, and other matters
- Litigating your case in front of a jury and demanding the maximum amount of compensation available
Contact Our Syracuse & New York Reckless Driving Car Accident Attorney
We understand the stress you are likely experiencing in the wake of a reckless driving car accident as you miss work and medical bills pile up. That’s why CDH Law is ready to handle every aspect of your case, from start to finish, while representing you with the dedication and professionalism that you deserve. Reach out to us today to begin working with us.