Reckless driving is not only against the law, it can cause an accident that leaves a victim with serious and possibly irreversible injuries. When people get hurt because of someone else’s negligent conduct, they have the right to file a lawsuit to seek monetary damages. But you can expect resistance from the insurance companies and lawyers representing the at-fault driver.
Turn to the team at the Saul Law Firm, LLP. We’re prepared to thoroughly investigate the facts of your case and argue for the maximum amount of damages available. Find out why so many reckless driving victims in Garden City and Long Island trust our dedicated counsel.
What is Reckless Driving in New York?
While negligent driving involves any sort of careless or irresponsible behavior from behind the wheel, reckless driving evidences extreme contempt for traffic laws and the safety of other motorists, bicyclists, motorcyclists, and pedestrians. Under New York’s traffic laws, the criminal offense of reckless driving is defined as operating a motor vehicle in a way that unreasonably interferes with the free and proper use of the roads, or which unreasonably endangers others.
There are numerous driving behaviors which could amount to reckless driving, including:
- Driving at excessive speeds
- Abruptly changing lanes without signaling
- Tailgating (driving too closely)
- Driving under the influence of drugs or alcohol
- Racing other vehicles
- Distracted driving
- Ignoring road signs and traffic signals
- Driving with too many passengers
- Passing a stopped school bus
Many drivers combine these and other actions, which criminal courts will take into consideration when determining whether a driver is guilty of reckless driving. Generally, the court must decide whether the driver exhibited a conscious disregard for others’ safety.
Possible Injuries in a Long Island Reckless Driving Accident
Due to the danger that drivers present to others when they recklessly operate their vehicles, the victim’s injuries could be substantial. They may include:
- Traumatic brain injury: Also known as a TBI, a traumatic brain injury isn’t just a bump on the head. It can include anything from concussions to serious brain damage, and it can change the victim’s cognitive function, behavior, and even personality.
- Spinal cord injury: Damage to the spinal cord can lead to partial or full paralysis, which will not only require extensive medical attention and long-term care but will have a negative impact on the victim’s quality of life.
- Whiplash and neck injuries: A sudden jolt to the head and neck can cause whiplash and injury to the surrounding areas. The victim will likely endure limited mobility and may require physical therapy to recover.
- Bone fractures: Broken bones are painful injuries that can sideline a victim for weeks or months. This may cost the victim significant income if their work consists of manual labor.
- Internal injuries: If a reckless driving accident is bad enough, the victim could experience internal bleeding and organ damage. These are potentially life-threatening injuries which may not be readily noticeable, so see a Garden City doctor if you have been in any kind of accident.
Damages That May Be Available
Every personal injury case is different in terms of the nature and amount of the victim’s damages. But in most reckless driving accidents in New York, victims can request monetary compensation for:
- Medical bills: Among these are expenses for ambulance care, surgery, hospitalization, prescription medications, physical therapy, adaptive medical equipment, and more. Also included are the victim’s reasonably estimated future medical costs.
- Lost wages and lost earning capacity: The victim can seek compensation for time missed from work while they are recovering. If the injury prevents the victim from working their previous job, or working at the same productivity level, they can ask for damages to cover lost earning capacity.
- Non-economic damages: Certain so-called non-economic damages are more subjective in nature, but a seasoned attorney serving Garden City and Long Island can help you calculate their value. Among these damages are pain and suffering, disfigurement, mental anguish, loss of enjoyment of life, and other losses.
- Property damage: The victim’s vehicle and other personal property may have been damaged or destroyed in the wreck, and the amount of money required to repair or replace lost property can be included in the damages award.
- Punitive damages: In some cases of reckless driving, the driver’s conduct was so malicious or egregious that the court decides to punish this behavior to deter future incidents of it. Known as punitive damages, these are not available in every reckless driving case, so ask your attorney about them.
Elements of a Reckless Driving Lawsuit in Garden City and Long Island
In most personal injury cases, including those involving reckless driving, the victim must prove four elements:
- Duty of care: All drivers owe other drivers, bicyclists, and anyone else using New York’s roads and highways a duty to drive safely and obey traffic signals and laws.
- Breach: A breach of the duty of care happens when, by some act (including reckless driving) or failure to act, the at-fault driver violates the duty of care.
- Causation: Next, the victim must show that the at-fault driver’s behavior – rather than some other intervening party or event – was the cause of their injuries.
- Damages: Finally, the victim has to demonstrate the nature of their damages and how much they are worth, including reasonably projected future damages.
How a Criminal Conviction May Help Your Case
Criminal cases involving reckless driving are separate from civil lawsuits which are filed to recover damages, but a criminal conviction could prove useful to the victim’s civil case. If a court in Garden City or Long Island finds the driver guilty of reckless driving, this will significantly aid the victim’s personal injury lawsuit. That is because of a legal doctrine known as negligence per se.
Whereas in general negligence cases the victim has to prove the above-mentioned elements, in a case involving negligence per se, breaking the law is enough to prove the driver’s liability. This makes it easier for the victim to satisfy the burden of proof in their lawsuit.
Contact Our Garden City, NY Reckless Driving Accident Attorney
With the Saul Law Firm, LLP by your side, you can fight for the compensation you need to recover from your reckless driving injuries. We represent clients at all stages of their lawsuits, including mediation, and we serve them with the dedication and professionalism they deserve. You can get started today by calling or contacting us online.