Reckless Driving Accident Claims In Florida
Reckless driving accident claims are typically very serious matters. You may have heard the term “reckless driving” used to describe someone operating a vehicle in a careless manner. However, reckless driving has a very specific legal definition. When a driver is reckless, he or she may be liable for injuries caused by negligence. Read on to learn more about reckless driving and what you can do to protect your rights.
How Does Florida Define Reckless Driving?
Florida law differentiates between reckless and careless driving. Careless driving means that the driver fails to use reasonable care and operates a vehicle in a way that may result in injury to another person or damage to property. Reckless driving, however, implies that the driver was purposely acting in such a way that the danger of injury or damage was almost certain.
Florida law requires anyone operating a vehicle to use due caution or ordinary and reasonable care to ensure that everyone on the road stays safe. Florida law classifies motor vehicles as “dangerous instrumentalities,” which means that they are capable of causing serious injury or death. Under the doctrine of dangerous instrumentalities, the law assumes that anyone driving a vehicle understands and accepts the responsibility of being cautious in order to avoid causing injury.
Examples of Careless and Reckless Driving
Careless driving is the type of behavior that generally results in a traffic citation or a minor accident. For example, a driver who is traveling slightly above the speed limit and rear-ends another vehicle may not have realized at the time that he or she was being negligent. There was no intent to harm anyone. However, the driver may definitely be liable for the damages and injuries caused due to his or her careless driving. The fact that a driver did not “mean to” cause an accident is not a valid legal excuse to avoid paying damages.
Reckless driving has a different standard of proof. For example, if someone drinks alcohol and gets behind the wheel of a car, the assumption is that he or she realizes that this is dangerous behavior that could easily result in serious injury or death. Other examples of the types of behavior Florida classifies as reckless driving include texting while driving; street racing; attempting to pass a stopped school bus; and swerving in and out of traffic at high rates of speed.
It is important to understand that there are two different aspects to a reckless driving crash. The driver may be arrested or charged with a crime for his or her behavior; however, those charges only address the criminal aspect of the case. In order for victims who have been injured by the reckless driver to recover damages, they must often file a personal injury lawsuit for payment of medical bills, lost wages, pain and suffering and other expenses related to the accident.
What Should I Do If I Am The Victim of a Reckless Driver?
The first thing to do if you are the victim of a reckless driver is to seek medical attention. If you are injured, you should be sure that you are treated properly. Keep copies of all medical bills and reports. Next, collect copies of any police reports about the accident as well as any witness statements from those who may have information about the crash. For a detailed step by step guide covering what you should do download our free e-book “Injury Accident Claims – A Resource for Florida Accident Victims”.
How To Get Help With Your Case
Dealing with reckless driving accident claims can be a complicated process. If you’ve been involved in an accident it’s best to speak with a personal injury attorney who specializes in reckless driving accident claims. The personal injury attorneys at David & Philpot, P.L. have been helping accident victims obtain the compensation they deserve for over 20 years. Contact us today for a free consultation about your case.