Can I File a Claim if My Accident Was Caused by a Reckless Driver?

People who are responsible for causing car accidents are most often found to have been breaking the law or breaching their duty of care to other drivers at the time of the collision. While this usually takes the form of distracted driving or being drowsy or under the influence behind the wheel, many other behaviors can result in a collision as well.

One of the most prominent types of negligent behavior outside of those mentioned here is reckless driving. If you have recently experienced a car accident as a result of this behavior, experienced Dallas reckless driving accident lawyers will aggressively work with you to pursue legal action to protect your rights. Below you will find precisely the information you need on how to file a claim against a reckless driver.

What is Reckless Driving?

When most people think about reckless driving (also referred to as “aggressive driving”), one of the first things that come to mind is speeding. While this is undoubtedly one of the most prominent forms of reckless driving, it is not the only one that results in collisions and injuries. Reckless driving is comprised of a wide array of traffic offenses that pose a direct threat to other people or their property. Some of the most prominent examples of this include:

  • Neglecting to obey traffic signals
  • Haphazard lane changes
  • Speeding, especially in adverse environmental conditions (i.e., rain or snow)
  • Tailgating
  • Refusal to yield to others’ right-of-way
  • Neglecting to respect Stop, Yield, and similar traffic signs
  • Neglecting to use signal lights

Those who engage in this type of behavior are often knowingly breaking the law and posing high risks of danger to those sharing the road with them. If you have been struck by a reckless driver as a result of any of the actions listed above, you have the legal grounds to pursue compensation.

As the victim, you should not be responsible for covering the expenses incurred by this accident on your own. This is the responsibility of the negligent party, so long as you can prove their negligence and their hand in injuring you or damaging your property. Although it may be challenging to demonstrate their fault in the accident, you have a higher chance of succeeding, since, in most of these cases, you have the law on your side.

Filing a Claim Against a Reckless Driver

Your primary concern when filing a claim against a reckless driver will be proving liability. Unfortunately, this is a burden that falls on the shoulders of the victim, but it is not one that you have to take on alone. Lawyers know just how difficult it can be to prove someone to be at fault, especially when they attempt to misrepresent their actions or presence at the scene of the collision. Fort this reason, you should hire a lawyer as soon as possible as you prepare to sue.

The possible claims you can make include:

  • Pain and suffering
  • Personal injury
  • Property damage
  • Loss of wages
  • Lost earning capacity

Speak to your lawyer to determine which route of action is best for your circumstances. Even if the negligent driver is found not to have insurance or other challenges arise, your lawyer will assist you in navigating the situation to discover the most applicable solution for you.

 

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