Reckless driving refers to any action taken while operating a vehicle that willfully places others in danger, according to Florida Statute 316.192. When you sustain injuries from an accident, you have a right to seek compensation. A Fort Myers reckless driving lawyer can help. In Florida, you are entitled to civil damages for economic and noneconomic awards if you suffer certain injuries following an accident.
A Fort Myers reckless driving lawyer may pursue compensation for:
- Pain and suffering
- Loss of consortium
- Property damage
- Medical bills
- Lost wages
Under Florida Statute 627.739, personal injury protection (PIP) coverage may reimburse up to $10,000 for actual expenses. However, some accidents cause substantial medical debt that far exceeds that figure. Having to replace your vehicle or missing extended periods of work as a result of your accident can cause financial problems and affect your standard of living. Severe injuries may result in long-term disability, which may entitle you to noneconomic damages, such as pain and suffering.
If you sustain permanent injuries, Florida does not limit the amount of damages you can recover. When the accident is the result of the other motorist driving recklessly, you have a right to hold the negligent driver responsible through an insurance claim or a lawsuit. You also have a right to work with an attorney to file a claim or lawsuit.
Contact the Law Offices of Anidjar & Levine today to discuss your legal options following a car accident.
What Classifies as Reckless Driving?
Driving recklessly is defined by Florida law as the “willful or wanton disregard for the safety of persons or property,” meaning a driver knows they’re putting others at risk by driving that way but chooses to do so anyhow. This type of driving increases the risk of an accident and demonstrates negligent behavior. When you suffer injuries in an accident, proving the other driver liable usually involves demonstrating they acted recklessly.
Examples of reckless driving can include:
- Speeding
- Failing to yield
- Driving while intoxicated
- Driving without a license
- Failing to stop
- Aggressive driving, such as tailgating
This type of driving differs from careless driving, which is when a driver violates their duty to drive “in a careful and prudent manner” and doesn’t know they’re putting themselves and others at risk.
Following the accident, police officers conduct an initial investigation and can cite the driver responsible for the wreck. If the other driver received a citation, it may help prove that they acted negligently.
Reckless Driving Car Accidents and Florida’s No-Fault Law
Florida is a no-fault state, per Florida Statute 627.7407. This means that drivers must go through their own insurance company to get compensation for injuries and property damage as the result of an accident, no matter who is at fault. But since reckless driving accidents can cause more damage than many people’s insurance policy covers, this leaves many wondering whether they’re able to seek additional compensation and hold the at-fault driver responsible.
You can file a claim with the other driver’s insurance company or pursue a lawsuit. With an insurance claim, you can also seek non-economic damages like pain and suffering if your injuries meet the state’s definition of “serious injury.” Such cases include any injury that results in:
- Substantial or permanent loss of vital bodily function
- Permanent physical damage that requires continued medical care or life adjustment
- Substantial permanent scarring or disfigurement
- Death, either at the scene or from the injuries
If you or your loved one have suffered a car accident injury that could meet these definitions, you may be entitled to seek compensation for both economic and noneconomic damages.
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Awards for Losses
When you sustain permanent injuries, you may be entitled to noneconomic damages such as mental anguish, loss of consortium, and pain and suffering. When calculating damages, courts may consider different factors, such as:
- Your ability to work
- Your future earning capacity
- The severity of your injuries
- Your age
- How your injuries affect your marriage
Economic damages are based on the actual expenses you incurred as a result of the accident, meaning they can be proven in court with receipts or invoices. Economic damages may include:
- Lost wages
- Medical bills, both current and future
- Vehicle repair and replacement costs
- Transportation costs to and from medical appointments
- Medical devices
However, it can be challenging to accurately calculate economic and non-economic damages from your reckless driving accident all on your own. A Fort Myers reckless driving accident lawyer from the Law Offices of Anidjar & Levine can gather all the receipts, consult with professionals to determine comprehensive projections of future costs, and demonstrate the severity of your injuries.
How Much Is My Reckless Driving Accident Case Worth?
It’s hard to determine how much you might receive for your case. For one, the facts of your case are unique to you and your accident.
A reckless driving accident attorney in Fort Myers can help you negotiate for fair compensation and prevent you from leaving any money on the table.
Call the Law Offices of Anidjar & Levine
When you are hurt in a car accident, a Fort Myers reckless driving lawyer may help you pursue the compensation you deserve. Our team goes the extra mile for all our clients, so we will gladly help you schedule appointments and get your vehicle fixed in addition to giving you personalized attention and regular case updates. Contact the Law Offices of Anidjar & Levine today to discuss your legal options.
