Driving recklessly is a serious offense than improper or careless driving. That is because careless driving and improper driving are civil traffic violations, while reckless driving may carry criminal offenses. For this reason, it carries hefty fines and license points. It can also lead to one losing their licenses and even going to jail.
Let us not forget the fact that it increases vehicle insurance rates up to 87.5%. However, proving reckless driving is not easy, and that is why it is wise to seek the services of an experienced Riverdale reckless driving accident lawyer.
At Humphrey & Ballard Law, we are a full-service personal injury law firm. Therefore, if you are a victim of sustained injuries due to someone’s reckless driving, contact us immediately. We are here to fight for you, as well as protect your rights. Remember, there is no accident that is too big or too small.
Furthermore, we understand the challenges of finding the right car accident attorney in Riverdale, Georgia, to represent you. That’s why we offer free consultation and case evaluation to our clients. Book your free consultation session by calling 404-341-0499.
What is Reckless Driving?
The description of reckless driving changes from one state to another. That is because each state has its local regulations and traffic laws. Nevertheless, as described by FMCSA, reckless driving is driving a vehicle in willful or with disregard for the safety of other road users or their property. Therefore, reckless driving is considered to be an intentional action to disregard road rules or the manner of operating a vehicle; fully knowing that it could lead to damages.
In Georgia, reckless driving is considered to have occurred when a person is driving a vehicle in a manner that disregards the safety of other people or their property. This is according to Georgia Code 40-6-390.
How Can Reckless Driving Increase the Chances of an Accident?
Often, the bad decisions of reckless drivers lead to devastating car accidents. Even the most minor driving habits have the potential to lead to an accident. Although there is no set standard for reckless driving, it generally involves:
- Excessive speeding
- Weaving through traffic
- Running red lights
- Disregarding stop signs
- Passing other vehicles over a double yellow line
- Failing to yield to those with the right of way
- Driving under the influence
- Racing other drivers
- Evading law enforcement
- Texting while driving
- Road rage and aggressive driving
- Ignoring red lights
- Turning without signals
All these are examples of reckless driving that increase the chances of an accident.
What Damages Can Victims Get from a Car Accident in Riverdale, GA?
It does not matter how small or big an accident is; they all come with some form of damages. A victim of a car accident can get either or both types or classification of damages. In other words, car accident damages are divided into two categories:
These are types of damage that cannot be calculated or quantified. It includes damages, such as:
- Loss of the ability to continue with previous activities
- Loss of quality of life
- Stress and anxiety
- Emotional and mental distress
- Pain and suffering
- Wrongful death
These are types of damage that can be calculated and carry a specific monetary value. It includes damages like:
- Loss of income
- Property damage
- Medical expenses
- Medicine and prescriptions
- Rehabilitation costs
Punitive damages are a rare type of damages in Georgia that can only be awarded when the negligent party is deemed to have acted willfully carelessly, maliciously, or severely recklessly. These damages are always awarded to punish the defendant. An example of a vehicle accident case that may entail punitive damages is one involving a motorist who was drunk or intoxicated and knowingly got behind the wheel and caused an accident.
How Can I Prove the Other Driver was Driving Recklessly?
According to Georgia’s statute, it is the work of the plaintiff in a personal injury lawsuit to prove negligence. Therefore, for one to establish negligence, three things must be established. These are:
- The defendant owes a duty of care by obeying all traffic rules and driving safely.
- The defendant breached the duty of care, which caused the accident, injuries, or damages.
- The defendant’s action (breach of care) is the cause of the accident, injuries, or damages; and nothing else.
Therefore, to establish negligence, one must collect evidence. This can be anything that relates to the case, such as:
- Witness statements
- Speedometer calibrations
- Highway camera
- Proof of lost wages
- Photos of the accident scene
- Police report and others
How Long Do I Have to File a Claim in Riverdale, Georgia?
It is wise to file a claim as soon as possible if you have been involved in a reckless driving accident. That is because Georgia has a statute of limitation (a set time with a deadline) for one to file a personal injury claim. Therefore, if you take too long and the statute of limitation expires, you forfeit the compensation. In fact, your claim will be denied.
Georgia has a 2-year statute of limitation when it comes to personal injury claims. If the claim is against the city or county, you only get six months to file the claim. If the claim is against the state, you get 2 years to file the claim.
Why Do I Need a Riverdale Reckless Driving Accident Lawyer?
There are many reasons and benefits of seeking the services of an experienced attorney. Some of these reasons include:
Professional and Objective
Any vehicle accident comes with a lot of emotions and pain, and these are the two things that make a victim make irrational decisions when it comes to filing a claim. The lawyer will help ease things for you by taking care of all aspects of the case, allowing you to recover in peace. For this reason, you do not have to worry about the legal complexities.
The truth is that many of the personal cases do not get to court, but are settled out of court. Negotiating terms with insurance company adjusters can be a challenge because they always focus on giving the least amount possible. The lawyer will ensure you get the best possible deal.
Trial Preparation and Representation
Not all claims are settled out of court. Some do get to court, and for this reason, you need someone who knows the law and will represent your best interest by helping you level the playing field. Remember, insurance companies have a team of lawyers, and without a lawyer by your side, your chances of winning compensation decrease.
Get Compensation Faster
If you do not have a lawyer, the chances are that you will have to wait until you have recovered before filing a compensation claim. On the other hand, with a lawyer by your side, they work on everything on your behalf, which will allow you to recover in peace. As such, your compensation claim process will be faster.
How Much Does a Car Accident Lawyer Cost?
The truth is that the cost of hiring a lawyer terrifies many people. The best thing about personal injury cases is that a majority of the lawyers will work on a contingency basis. This is how we handle car accident cases at Humphrey & Ballard Law. To know more about our car accident lawyers and our fee arrangement, contact us for a free consultation.
Hurt by a Reckless Driver? Call Us Today!
At Humphrey & Ballard Law, we focus on personal injury cases and offer elite legal representation. We offer personalized service based on your requirements. We understand finding a lawyer in Riverdale, GA, is not an easy thing to do. We offer free consultation services, where we evaluate your claim and answer any questions you may have. If you need the services of a Riverdale reckless driving accident lawyer, call us today at 404-341-0499 for the best legal representation.