Any car accident can be traumatic, especially when you or someone close to you has been injured in the crash. When the crash was caused by a reckless driver, you may be entitled to compensation. Every car accident is different, but some common types of damages in reckless driving cases include:
In some reckless driving cases, punitive damages may also be available. Punitive damages are not tied to specific losses the injured person suffered but are intended to punish the defendant for especially bad actions and to discourage others from acting in the same way. If you or someone you love has been injured in a car crash due to reckless driving, our Jacksonville car accident lawyers can guide you through the process, helping you understand the potential damages you may be entitled to.
Of course, the very first steps you should take after any car accident will be safety-related. Check yourself for injuries and make sure you’re in a safe place. If you’re able, check to see whether anyone else is injured. Next, you’ll want to call the police. If someone is injured, call 911. Then, exchange insurance information with the other driver.
Next, if you can do so safely, collect whatever evidence you can. For example:
Some types of evidence may only be available for a short time, or may be much more difficult to access as time passes.
When you’ve been injured by a reckless driver, you need reliable information right away. The responsible driver’s insurance company will likely reach out to you soon after the crash. Unfortunately, the insurance company will be looking for ways to minimize your claim or avoid paying compensation at all. Honest mistakes can hurt your case.
When you hire an experienced car crash lawyer at Harrell & Harrell, we’ll take over everything from communications with the insurance company to investigation, managing deadlines and technical requirements, and hiring and working with expert witnesses. The sooner you contact us, the better opportunity your car accident attorney will have to collect evidence and build the strongest possible case for you.
You can schedule a free consultation right now by calling (904) 251-1111 or filling out our contact form.
In any car accident case, it is up to the injured party to show that the other driver was responsible for the collision that caused their injuries. Usually, that means proving that the other driver was negligent by showing that:
In a reckless driving case, there may be a simpler way to establish liability. That’s because reckless driving is a crime in Florida. A person may be charged with reckless driving if they drive a vehicle “in willful or wanton disregard for the safety of persons or property.” Reckless driving carries a fine and a possible jail sentence. It’s even possible that the reckless driver will be ordered to pay some restitution to the injured party.
Most important, Florida law recognizes negligence per se.
Negligence per se is a legal doctrine that says violating certain laws is considered negligence in and of itself. For negligence per se to apply, the law or regulation violated must be safety-related. The injured person must be part of the class of people the law was intended to protect.
Florida’s reckless driving statute is intended to make roads in the state safer by punishing drivers who recklessly put others at risk. Others on the road, including other drivers, passengers in other cars, motorcyclists, bicyclists and pedestrians are all in the class of people the statute aims to protect. So, under Florida law, a person who causes an accident because they were driving recklessly is considered negligent. Still, it’s up to the injured person’s auto accident lawyer to show that the responsible driver violated the reckless driving statute.
If the driver pleads guilty to reckless driving or is convicted of reckless driving at trial, that conviction can be used as proof that the driver violated the reckless driving law. The opposite is not true: a driver who successfully fought reckless driving charges in criminal court may still be found to have driven recklessly in a civil case. That’s because a prosecutor must prove criminal allegations beyond a reasonable doubt, while the civil standard is less stringent.
Your attorney can explain whether negligence per se may play a role in your Jacksonville reckless driving accident case.
If you’ve been injured by a reckless driver, an experienced accident lawyer at Harrell & Harrell can help. That starts with a free, no-obligation consultation. During that consultation, the attorney can:
To learn more, call us right now at (904) 251-1111 or fill out our contact form.
Navigating a personal injury claim can be overwhelming. Our quick, easy-to-understand videos cover the most common questions we hear from clients — so you can feel informed and confident every step of the way.
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