If you have been struck by a reckless driver, the knowledgeable Stuart car accident lawyers at Donaldson & Weston can help you begin the process of holding the responsible driver liable for your injuries.
Car Accident Lawyers Representing Stuart Residents and Others
An act of reckless driving is extremely dangerous, regardless of where it takes place. However, there is perhaps no worse place for a reckless driver than a residential area. A family’s life may be changed in an instant if a careless driver acts with a flagrant disregard for other motorists or pedestrians in a neighborhood or suburban area. If you need aggressive advocacy in this situation, the Stuart car accident attorneys at Donaldson & Weston can assert your right to compensation for your injuries or your loved one’s wrongful death.
Under the laws of the State of Florida, the act of reckless driving occurs when a person drives a vehicle in willful or wanton disregard for the safety of people or property, or when a motorist uses an automobile to flee from a law enforcement officer. The criminal justice system has the authority to penalize reckless driving by incarceration, fines, and other penalties. A person who is hurt by an act of reckless driving also has a right to pursue compensation through a civil lawsuit against the reckless driver.
Pursuing Damages from a Reckless Driver Following a Crash in a Residential Area
When a person is seriously hurt in an automobile accident, they usually bring a claim based on the theory of negligence, which requires the plaintiff to prove four elements, each by a preponderance of the evidence. Those elements are duty, breach of duty, causation, and damages. If a defendant is convicted of reckless driving or pleads guilty, this may be used in civil court as evidence that the defendant breached the duty of reasonable care that was owed to the plaintiff. The plaintiff must also show that the crash was a foreseeable result of the defendant’s reckless driving and that they suffered damages that can be reasonably quantified.
Forms of compensation that may be available in a negligence case include economic damages, such as lost income (both past and future) and the costs of medical care like doctor bills, hospital charges, and physical therapy expenses. Expert testimony from physicians, economists, and others may be necessary to fully explain the physical, emotional, and financial aspects of the plaintiff’s injuries. In addition to economic damages, the plaintiff may also be entitled to compensation for non-economic damages, such as pain and suffering. The plaintiff’s spouse may also be compensated for loss of consortium in some situations. A third category of damages that is available in a limited range of situations is punitive damages. These are awarded in cases of particularly egregious conduct, which may include an act of reckless driving.