Being considerate of others while driving should be the norm for any motorist here in West Palm Beach. Unfortunately, some might fall victim to drivers who do not care for the rules of the road. As a result, you could end up injured and dealing with a damaged car. Worse, loved ones could die in such accidents.
If you have suffered a loss because of a reckless driver, you have the right to seek compensation. You should consult a West Palm Beach car accident lawyer and have them assist you with getting a settlement.
Reckless Driving As Proof of Liability
According to Florida Statutes Section 316.192, reckless driving is any driving behavior that shows a wanton or willful disregard for other people or property’s safety. For example, driving far beyond the speed limit, such as over 50 to 100 miles per hour, would already be reckless. A driver would have more difficulty controlling and braking if an obstacle appeared. Other examples of reckless driving behavior include:
- Fleeing from law enforcement vehicles
- Not yielding to cars with the right of way
- Running red lights
- Racing in traffic
Reckless driving is not only against the law and can lead to punishments, but victims can also use it as proof that the driver is liable when taking legal action against them. For example, you can say that had the driver not raced on the highway, they would not have lost control and crashed into your car.
Our West Palm Beach personal injury lawyer can help gather evidence to prove the driver’s fault, such as:
- Dashcam and highway surveillance videos
- Accident reports
- Witness statements
- Cellphone footage
Damages in Reckless Driving Settlements
Besides compiling evidence of the other driver’s fault, our West Palm Beach reckless driving car accident lawyer can also help prove that you suffered losses in the crash. This involves:
- Your or your loved one’s medical records and doctor’s reports
- Photographs of your car’s damage
- Auto shop bills
- Hospital bills, medication receipts, and other injury-related bills
- Summary of the income you would have earned if you were not incapacitated
By showing such proof, you can recover damages for:
- Medical expenses
- Auto repairs
- Lost wages
- Disabilities
- Disfigurements
- Trauma
- Loss of enjoyment of life
You can also recover wrongful death damages such as loss of consortium and funeral expenses if a loved one died in a reckless driving accident.
Your Compensation Options Depend on Your Injury
While our West Palm Beach reckless driving car accident lawyer can help prove the other driver’s liability, they will also check if your injuries meet Florida’s tort thresholds. This will determine your options for recovering damages.
PIP Insurance for Minor Injuries
If you only suffered minor wounds, such as bruises or cuts, you can only use your Personal Injury Protection (PIP) insurance to cover your injury-related damages. The Florida Department of Highway Safety and Motor Vehicles requires motorists, including those in West Palm Beach, to carry this coverage along with Property Damage Liability.
PIP does not cover non-economic damages such as disabilities and disfigurements. To recover these, you have to qualify for third-party actions. However, even if you are not hurt, you can still file a claim with the careless driver’s insurance company for property damage.
Lawsuits and Liability Claims for Severe Injuries
To be able to file liability claims and lawsuits against the reckless motorist, your injury must be significant enough to qualify for tort actions as per Florida Statutes Section 627.737. Some examples of such medical conditions include:
- Disabilities such as paralysis, amputated limbs, or blindness
- Permanent injuries such as permanent brain damage
- Permanent scarring
A loved one’s death also lets you take legal action against the reckless motorist.
Our West Palm Beach reckless driving car accident lawyer can advise you on whether to file a claim or sue the driver. An injury liability claim would only be feasible if the driver has injury liability insurance, which is optional for private motorists. If they do not carry this coverage, you would have to file a lawsuit in court instead. Our attorney can still represent you in these proceedings until it reaches a verdict.
Other Rules Affecting West Palm Beach Reckless Driving Accident Cases
Florida has a number of laws concerning accidents and filing claims. It is important to have a lawyer on your side who understands state law to avoid missing deadlines or being denied the full compensation you are due. Here are just a few of the legal issues you will have to contend with:
Comparative Fault Can Reduce Damages
Due to Florida’s comparative negligence laws, your recoverable damages could decrease if the insurance company or the court finds you partly liable for the West Palm Beach reckless driving car accident.
For instance, if you are 35 percent at fault for speeding while the reckless driver was not yielding, you would only recover 65 percent of the total settlement.
You can still recover damages even if you share more than half the liability for the accident. However, this would also mean the other party is more likely to seek a settlement from you instead. The West Palm Beach reckless driving car accident lawyer can review the matter to see whether you have a valid case against the other driver.
Follow Your Filing Deadline
Like other auto collision cases in Florida, the state’s statute of limitations gives you four years to file your reckless driving accident action. If you file for wrongful death damages, you get two years instead. Filing on time is a must if you do not want to get your case rejected.
On the other hand, your case could also have tolling exceptions. These special instances can move your filing deadline, giving you more time to build your action. For example, if the reckless driver fled Florida, the statute clock would not start until they returned to the state.
Take a Step Closer to a Settlement Today
Professional legal assistance can be the deciding factor in settling a reckless driving accident case here in West Palm Beach. No matter how big or small the dispute is, the Law Offices of Anidjar & Levine are always here to help. Our team has years of experience in Florida personal injury law and is well-versed in settling various practice areas, including auto accidents.
Our West Palm Beach reckless driving car accident lawyer can review your case for free and guide you accordingly. To start your free consultation, use our online contact form or call us today.
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