The last thing you expect to encounter as you drive through sunny Fort Lauderdale, Florida, is a fellow motorist who is being reckless behind the wheel. The term “reckless driving” refers to a number of behaviors that impact the safety of others on the road, and one of the things that makes them so dangerous is that they usually involve high speeds.
Whenever high speeds are a factor in a crash, the consequences tend to be much more concerning. Speed increases the force on impact, making all of the safety systems that the vehicle has less effective.
As such, reckless driving accidents in Florida can result in serious injuries that could leave you battling pain for months or even for the rest of your life. In turn, these injuries can prevent you from working or living as you did before the accident.
This is why after an accident or injury caused by a reckless driver it is crucial to work with an experienced Fort Lauderdale car accident lawyer from Schilling & Silvers Personal Injury & Car Accident Lawyers.
Your car could be totaled, too, leaving you without a reliable means of transportation. That can be a serious issue in a large city like Fort Lauderdale, which lacks robust public transportation services. You could end up spending a small fortune on rental cars.
Understanding what your rights are after being in a reckless driving accident can help you take the necessary next actions. For most accident victims, the best choice is to file a lawsuit against the liable parties.
Florida Statutes 316.192 defines reckless driving as operating a motor vehicle with a willful or wanton lack of regard for the safety of others. In the Sunshine State, reckless driving is a criminal act typically classified as a second-degree misdemeanor. It carries penalties that include up to 90 days in jail, a $500 fine, and the suspension of the person’s license for up to six months. Subsequent reckless driving charges can earn the person up to 180 days in jail and fines of $1,000.
In instances when reckless driving results in injuries or property damage, the charges elevate to those of a first-degree misdemeanor, the penalties of which can include up to a year in jail and a fine of $1,000. If the accident resulted in serious injuries or death, the person faces third-degree felony charges, which carry penalties including fines of $5,000 and five years in prison.
To learn more about Florida laws for reckless driving, schedule a consultation with the legal team at Schilling & Silvers Personal Injury & Car Accident Lawyers. We specialize in auto accident claims and can help you understand your rights.
Reckless driving in Florida can take many forms, including the following:
The majority of reckless driving incidents in Florida involve speeding. Excessive or inappropriate speeds can put everyone on the road at serious risk, and any resulting accidents can be much more severe because of the force of the impact.
Reckless driving can also include behaviors such as tailgating, which occurs when a driver follows too closely behind the car in front of them. If the front vehicle stops, the tailgating driver won’t be able to respond in time to avoid a collision.
Another form of reckless driving in Florida, and a very common one at that, is distracted driving. Looking down at a phone, changing radio stations, eating or drinking, or doing anything else that takes attention away from driving for even a second can result in serious collisions, as it is possible the driver won’t notice hazards in time.
Reckless driving behaviors can also include failing to obey traffic laws, stop signs, or lights. Someone who runs through red lights or ignores stop signs can hurt other drivers as well as pedestrians.
In a similar vein, reckless driving accidents in Florida could also involve failing to yield the right-of-way to other cars, pedestrians, and even emergency vehicles. A driver who doesn’t yield to a pedestrian at a crosswalk or who doesn’t respect the right-of-way when turning or merging can easily cause a catastrophic accident.
Although drunk driving is its own category of misconduct that carries separate criminal penalties, it can also constitute reckless driving behavior. Anyone who is intoxicated will have impaired reflexes and coordination, making them unable to react appropriately to hazards. They can also behave even more recklessly than they would when sober.
Aggressive driving is yet another form of reckless driving. Swerving between lanes, not signaling before attempting maneuvers, flashing headlights, or constantly honking the horn can all be considered forms of aggressive driving.
Racing on public streets is also considered reckless driving. Not only does it involve high speeds, but it could also include behaviors like rapid lane changes, which all put other drivers at risk.
Even more extreme types of reckless driving include mounting the sidewalk, intentionally driving on the wrong side of the road, knowingly driving a vehicle with significant mechanical issues, or doing anything to flee law enforcement.
In a perfect world, you would be able to sue for damages if a reckless driver hit you in Florida. The reality, however, is that there can be a significant number of complications involved in the process. One of the first you will encounter is Florida’s tort laws.
Florida has no-fault laws for traffic accidents, which require that you file a claim against your own insurance company to recover losses. The only way that you can step outside the scope of these no-fault laws is to demonstrate that the injuries you suffered meet Florida’s severe injury threshold. That means your accident must have caused one of the following:
You can expect insurance companies to argue that the injuries you suffered do not meet that threshold, which could bar you from recovering the losses you’ve sustained.
That’s not the only complication you can encounter, either, as many insurance companies don’t have to cover intentional acts. By its very definition, reckless driving involves willful and wanton conduct, so everything the driver does can be seen as deliberate. If the driver is charged and convicted of reckless driving in a court of law, that could be enough for insurance companies to deny your claim. As such, it’s often better if defendants are convicted of lesser charges.
Another issue you may run into is the liable party’s policy limits. Even if the injuries you suffer qualify you to pursue a lawsuit, and the insurance company doesn’t argue about the conduct being seen as an intentional act, you may still not receive the help you need.
That’s because high-risk drivers often have a history of serious accidents, which means that insurance companies charge much higher premiums to insure them. These costs can be so significant that these people choose to underinsure themselves or opt for the minimum policy limits, either of which could make recovering the assistance you need very difficult.
A common misconception that people must contend with when dealing with reckless driving claims is the idea that just because the reckless driver is charged, they become immediately liable for your injuries. That’s not the case; the arrest and conviction can help prove liability, but they do not automatically do so.
Keep in mind that being charged and convicted of reckless driving is a criminal matter, not a civil one. The civil process you need to go through to file a personal injury lawsuit in Fort Lauderdale is different and has other requirements you must meet, including showing that the other party had a duty of care toward you that they breached and that their actions resulted in your injuries.
If you’ve been injured in an accident that a reckless driver caused, you can seek compensation for your medical expenses. These can include hospital stays, ambulance fees, and rehabilitative costs of all types. If you suffered an injury that leaves you with a disability and you need to make changes to your home or vehicle, those will be covered, too.
Some injuries will take a significant amount of time to heal, and others won’t ever fully do so, which could mean facing ongoing medical expenses. You can receive compensation for these future costs as well.
You must ensure that you know the full extent of your injuries so that you can receive an appropriate settlement, and that means you should see a doctor immediately after the accident. It’s best to do so even if you think you only suffered minor wounds. Often, issues like internal damage or even broken ribs can take a few days to make themselves known.
Reckless driving accidents in Florida can result in injuries severe enough to keep you from working. Spending even a day or two in the hospital means potentially missing out on your earnings, commissions, bonuses, and vacation or sick days. You have a right to claim these losses as part of economic damages in a lawsuit.
The most serious injuries could result in lost wages from work, limit your future work options or could prevent you from supporting yourself at all. If that’s the case, then you can receive compensation for loss of earning potential. Your future career path and projected income would be compensated. Your benefits will also be counted when calculating your losses.
Reckless driving accidents in Florida may also involve property damage. Your car could be totaled or require extensive repairs. Your property within the vehicle could also have been damaged, as well, adding even more expenses to your growing list. Economic damages can cover the cost of replacing or repairing your vehicle and other property.
Other compensation you can receive includes coverage for out-of-pocket expenses. If you have to rent a car or pay for public transportation, these could be covered. And if going to the hospital for treatment requires paying parking fees, those, too, can be added to your expenses.
Beyond the financial losses you suffered, you’re likely dealing with significant physical and emotional distress. Pain and suffering is not easy to put a price on, but it can be compensated. To determine an appropriate value, insurers will look at the severity of your injuries as well as how long the recovery process will take. If the injuries prevent you from living your life as you used to, that, too, will play a role in the compensation you receive. A general rule of thumb is that the more impact the injury has on your daily life, the more compensation you can expect.
In rare instances, you can also receive punitive damages. These focus on punishing the person who caused the collision and deterring them from doing the same thing in the future. These damages are awarded only in instances of extreme behavior.
For immediate legal assistance from our knowledgeable Fort Lauderdale personal injury lawyers, contact us today. We offer free consultations and can help you understand your legal options.
The most serious reckless driving accidents in Florida can result in fatalities. If that’s the case, then the personal representative of the deceased person’s estate (which may be you) can file a wrongful death claim on behalf of the family. These can compensate you for the losses associated with your loved one’s death. Funeral expenses are covered, as well as any medical bills from treatments that the person received before succumbing to their injuries.
There could be additional expenses, as well. If your loved one provided household services, such as childcare, you’ll have to hire someone to perform them. You can claim these losses as well. Additionally, if you were economically dependent on your loved one, you can receive compensation for the income they would have made throughout their working life.
Non-economic damages are available, as well, including the pain and suffering your loved ones experienced before dying. You can also file to receive loss of consortium, which compensates you for the loss of support and companionship you’ve sustained.
However, given the sheer complexity of wrongful death claims and their often significant settlements, you should never attempt to handle them without legal representation. Having a knowledgeable and experienced Florida car accident attorney from Schilling & Silvers Personal Injury & Car Accident Lawyers by your side will protect your claim and also give you the opportunity to grieve without worrying about legal paperwork.
If you’ve been in a car accident that a reckless driver caused, you may be entitled to file a claim for compensation. To do so, you need help from experienced car accident attorneys who can handle all aspects of these lawsuits.
At Schilling & Silvers Personal Injury and Car Accident Lawyers, we have decades of experience helping people who have been in Fort Lauderdale accidents. Contact us today to schedule a free consultation with one of our Florida personal injury attorneys.
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