If you have been injured in a reckless driving accident, you might be feeling lost and scared. Sadly, this is just the beginning of your long road to recovery. Lost wages, hefty medical bills, and untold vehicle damages are all going to take a toll. You deserve to be compensated for everything the reckless driver has taken from you.
Call Cellino Law right away. Helping clients hold reckless drivers accountable is what we do. We have proved it by earning over $2 billion in compensation. Our award-winning attorneys are available 24/7 for a free consultation – call us today at (888) 888-8888 to schedule.
How Does New York Define Reckless Driving?
New York Vehicle & Traffic Law defines a person as driving recklessly when he or she interferes with the proper use of public roads which endangers the safety of others.
These actions can include:
- Failing to signal a lane change
- Failing to obey traffic signs and signals
- Failing to yield to other traffic
Reckless driving can incur criminal penalties, including fines, license points, and even time in jail. When reckless drivers cause a motor vehicle accident, they can be responsible for civil liability for the injuries and damages they caused.
Drugged and drunk driving
Driving under the influence of drugs and/or alcohol, one form of reckless driving, puts everyone on the road at risk. Intoxicating substances can impair a driver’s vision and judgment. It also decreases reaction time, alters their sense of time, and causes drowsiness.
Excessive speed
Driving 30 mph or more over the speed limit is considered to be reckless driving. Speed limits are not suggestions and should be obeyed for good reason. They are set by several determining factors, including how to move traffic safely through any given area.
Someone who speeds is more likely to lose control and cause a high-speed collision, especially in bad weather. High speed also increases the risk of serious injury and death in car accidents.
Tailgating
It can be frustrating when someone is following too closely behind you, not to mention dangerous. What happens if a pedestrian, an animal, or another hazard moves out in front of you? When you hit the brakes, the reckless driver could easily plow into the back of your vehicle.
Not obeying traffic signs or signals
Traffic signals and signs exist to help control the flow of traffic. If a driver fails to obey a stop sign or red light, he or she risks causing a major accident. If you run a red light or disobey a stop sign, you can end up with a reckless driving charge in New York.
Have you been injured by an at-fault driver who didn’t follow basic traffic laws? If so, it is time to call a New York reckless driving accident lawyer today and demand justice.
What Types of Injuries Are Caused by Reckless Drivers?
Reckless driving accidents are the result of someone having very little regard for safety while on the road. Here is a list of common injuries caused by these types of motor vehicle accidents:
- Paralysis
- Scarring
- Disfigurement
- Broken bones
- Internal organ injuries
- Soft-tissue injuries
- Amputations
Post-traumatic stress and mental anguish are common after reckless driving accidents and can last long after the wounds are healed. Stress and anxiety are also likely due to missing time at work and accumulating bills.
The worst-case scenario of any auto accident is that it results in a person’s death. When this happens, surviving family members can reach out to a car accident lawyer with Cellino Law to file a wrongful death lawsuit on their behalf.
Do You Have to Prove Reckless Driving Was the Cause of Your New York Accident?
Enduring physical and emotional pain, along with financial distress, is only a part of what you may have to deal with. Receiving the compensation you deserve can help, but it’s not that easy.
New York is designated as a “no-fault” state. The no-fault rule is intended to lower the number of personal injury lawsuits filed against negligent drivers. The problem is, though, that the insurer may only give you compensation up to the limit provided by your coverage.
This means if you can only afford the minimum coverage of $50,000, that’s all you may be entitled to get from that specific insurer. $50,000 might sound like plenty of money, but it won’t stretch very far after a serious accident.
Nevertheless, you can file additional claims to ensure your damages are covered. For instance, the state will allow you to go after the reckless driver and file with his or her insurer if your injuries are serious enough.
You must be able to prove you are eligible for additional compensation by showing you have:
- Permanent limitation of use of a body organ or member
- Significant disfigurement
- Bone fracture
- Full disability qualification for at least 90 days
- Severe limitation of bodily function
Victims of New York car accidents with serious injuries must fight a complex and frustrating system. Part of that process is not only proving the other party is at fault but also how much fault they are responsible for.
What is the Pure Comparative Fault Law in New York?
Under NY CPLR § 1411, the state applies what is called “pure comparative fault” law. Therefore, if you are awarded compensation, it may not be the full amount you hope to receive. The judge will look into both parties to find fault in each to make a final determination.
Even if you feel the fault lies 100 percent with the other party, an investigation might find that you were going 5 mph over the speed limit. In such a situation, a certain percentage of fault is often found in both parties. This can lower the amount of compensation you receive dramatically.
How to Prove Reckless Driving in New York
You need to do more than just make a phone call and expect the insurance company to hand over the money. It is rarely that easy. You must go through the process of proving the reckless driving occurred. That requires gathering the right type of evidence.
Here is a list of evidence used to prove reckless driving:
- Any type of criminal or arrest record brought against the at-fault driver
- Statements from eyewitnesses
- Medical records
- Expert statements
- Recorded evidence
- Photos of the crash scene
This is why you absolutely need to call a New York reckless driving accident lawyer if you have been injured in a car crash. The process that follows is not going to be simple. You need a team of car accident attorneys on your side who have the experience needed to fight for every dollar you deserve.
What Compensation Can You Receive for a New York Reckless Driving Accident?
You might think the compensation laws around reckless driving accidents are unfair, but you must abide by them. Even so, you still have every right to take legal action. The cost of someone else’s mistake is too great for you to bear alone.
After a reckless driving collision, you might find yourself needing help to cover:
- Current and future medical bills
- Loss of earnings
- Permanent disability
- Vehicle repairs
- PTSD
- Additional travel expenses for treatment
Negotiating a settlement with the insurance company is not easy. They may send you the amount covered under your insurance, but that may not be enough to cover your needs. If you want to build a strong case for maximum compensation, you will have to hire a personal injury attorney. If nothing can be settled, then the case will make its way to court.
You Need the Right Reckless Driving Accident Attorney by Your Side
Finding the right reckless driving accident attorney for your case is going to be crucial. You are going to need a firm that has extensive experience and resources to work the complicated no-fault legal system in New York in your favor.
This is why you should choose Cellino Law. We change our clients’ lives every day by helping them get the justice and compensation they deserve. When we take on your reckless driving case, Cellino Law has your back each step of the way. In fact, if we don’t win, then you won’t have to pay. It is as simple as that. Put your trust in a winning team.
If you can’t make it to us, we will come to you whenever and wherever you need us. You are our #1 priority. Call us today for a no-cost reckless driving accident consultation at (888) 888-8888.