If the reckless driving of someone has forced you into an accident, you are absolutely entitled to sue the driver, their insurance company, or their employer if they were driving a company vehicle.
Reckless driving is incredibly dangerous, and it is the cause of roughly 33% of all fatalities from major car accidents in the United States. When it comes to causing accidents, reckless driving is second only to accidents involving alcohol, which is responsible for about 40% of fatal accidents. It also causes more crashes than speeding, which is responsible for around 30% of fatalities.
About Reckless Driving
Reckless driving is defined as driving with willful disregard for the rules of the road, especially those involving safety. Reckless driving is typically not associated with negligence, but with intentional indifference to laws put in place to protect people and property. The specific definition or reckless driving varies from state to state, but some examples of things that can be charged as reckless driving are:
- Running red lights and stop signs
- Intentionally failing to yield the right of way
- Texting while driving
- Car racing
- Excessive speeding (over 25mph over the posted speed limit)
- Passing another vehicle over a double yellow line on a two-lane highway
- Driving on the shoulder
- Driving under the influence of drugs or alcohol
- Passing a stopped school bus
- Excessive lane changing
- Evading law enforcement
How to Get What You Are Owed
Many factors need to be taken into consideration when filing a lawsuit against a reckless driver. Indianapolis attorney Randall Sevenish has helped his clients to get six-figure settlements in car accidents. Visit his site to learn more about how an experienced professional can help you obtain compensation.
There are several steps in determining the financial restitution you are entitled to in the case of an accident. Some of the financial burdens you will face are clear right away, but others reveal themselves over time. Without a qualified lawyer to help you get the money you deserve, it can be very easy to find yourself in a position where the settlement you take doesn’t come close to covering all of your costs associated with the accident.
What Are the Steps to Filing a Lawsuit Against a Reckless Driver?
The first step your attorney will take in filing your lawsuit is to investigate the accident, including visiting the scene of the accident, obtaining a copy of the police report, and speaking to witnesses. They will also obtain copies of your medical files and expenses to date and consult with experts to help determine the amount of money to which you are entitled.
After your lawyer has completed their initial investigation, they will file the lawsuit against the reckless driver and other parties that may be determined to be at fault. At every stage of the process, the lawyers for the two parties will likely be looking to settle the case, rather than to take it to court.
Going to court always has risks for both sides, and rather than risk not getting anything at all, or the other side risking losing everything, most of the time it is best to settle on a figure somewhere in-between.
If the two sides have not come to terms by the end of a litigation process, which involves both sides sharing documents and evidence, witness and expert testimony being delivered in a deposition, and trying to settle things through a trained mediator, then the case will go to trial. Once the case is in the courtroom phase, it will be up to the twelve men and women of the jury to decide the outcome.
Should you not get the result you are looking for in the trial, you have the right to appeal the decision if your attorney can find grounds for appeal and if the court accepts your application for an appeal. There must be reasonable grounds in order for your lawyer to file the appeal beyond mere disagreement with the decision, such as an error by the court.