Driving responsibly is every motorist’s duty to others on the road. It helps minimize accidents that could cause massive property damage and casualties. Unfortunately, not all drivers in Fort Lauderdale care about other people’s safety. They could drive recklessly, even though it is illegal throughout Florida.
Victims of reckless drivers can consult a Fort Lauderdale reckless driving car accident lawyer from the Law Offices of Anidjar & Levine before filing for damages. Our attorney can study the situation, advise you on what to do, and guide you through the settlement process.
First, let us discuss what reckless driving means here and how this affects your case.
What Is Considered Reckless Reckless Driving In Fort Lauderdale?
According to Florida Statutes Section 316.192, a person is a reckless driver when they show blatant disregard for the safety of other people or property while driving. There are several ways that they can act recklessly, such as:
- Fleeing from law enforcement
- Drag racing, or racing in general
- Tailgaiting and brake-checking
- Not yielding at intersections
- Weaving through traffic
Our Fort Lauderdale reckless driving car accident lawyer can help you prove the driver’s fault in the collision by compiling evidence such as:
- Crash reports
- Highway surveillance footage
- Dashcam footage
- Witness statements
Determining Your Reckless Driving Accident’s Case Value
Apart from proving the other driver’s recklessness, you also need to prove that you suffered due to the accident. This includes showing:
- Medical records and doctor’s reports if you got injured
- Photographs of your car’s damage
- Auto repair bills and other property repair or replacement expenses
- Hospital bills and other medical receipts
These will let you recover your case’s value, which consists of damages including:
- Relevant medical expenses, including hospitalizations, treatments, and prescription drugs
- Auto repair services
- Replacement services (for instance, you hired a caregiver since you were incapacitated)
- Disabilities and disfigurements (such as paralysis, permanent scarring, or blindness)
- Psychological trauma
Our Fort Lauderdale reckless driving car accident lawyer can also help estimate your total damages after compiling all your expenses.
PIP Insurance Is Still Your Initial Option For Injury Damages
Having evidence of the reckless driver’s fault in the accident does not mean you can automatically recover damages from them. Due to Florida’s no-fault auto insurance laws, you can only use your Personal Injury Protection (PIP) insurance to shoulder your expenses if you only have minor injuries.
PIP is one of the two insurance requirements for Fort Lauderdale motorists. It covers your medical bills and other injury-related expenses regardless of who is at fault. However, you cannot receive pain and suffering damages such as disabilities and trauma with a PIP claim.
When Liability Claims And Lawsuits Become Available
Bypassing no-fault insurance restrictions lets you recover both economic and non-economic damages. This means your injury has to be severe enough to meet the conditions set in Florida Statutes Section 627.737. For example, if you lost a limb or had permanent brain damage, you could file a claim or lawsuit against the reckless driver. If a loved one died in a reckless driving accident, you could also file an action against the driver.
If you only want to recover property damages, such as auto repair costs, then you can proceed with a property damage liability claim whether or not you have injuries. This is because property damage liability (PDL), is the second type of coverage that all Fort Lauderdale drivers must have. It pays for their victim’s property-related damages.
Our Fort Lauderdale reckless driving car accident lawyer can advise you on the best option based on the circumstances.
Choosing Between A Liability Claim And A Lawsuit
If the careless driver has this kind of coverage in their insurance policy, you could file a claim for injuries with their insurance company. Though Florida does not require regular motorists to carry injury liability, they can still do so to protect themselves from having to pay you with their own money. However, since reckless driving is a crime in Fort Lauderdale, there is a chance the insurer might reject the claim.
If this happens, you could sue the driver in court instead. A lawsuit does not have the limits that insurance policies do, so the reckless motorist must pay you out of pocket if necessary.
Our lawyer can assist you throughout the filing process and ensure that you comply with the requirements. These include the statute of limitations, which is typically four years. On the other hand, you must file the case within two years if a loved one died in a car crash.
What Happens If You Also Drove Carelessly In The Accident?
The comparative negligence rules in Florida Statutes Section 768.81 will apply to your case if evidence also shows that you were negligent or reckless as well. Your recoverable damages will be deducted based on your liability in the auto accident.
For example, let us say your case is valued at $300,000, but you are 30 percent liable for speeding. As a result, you can only recover $210,000, which is 70 percent. However, you can still receive damages even if you share more than half the fault in the car accident.
Other Reasons To Consider A Fort Lauderdale Reckless Driving Car Accident Lawyer’s Help
Besides investigating your accident and building your case, there are other reasons to let us help you during this difficult time.
Our Lawyers Will Represent You Until The Case Settles
A car accident lawyer will not only help you build your case, but they can also file it on your behalf in court or when dealing with the insurance company. An experienced attorney will know how to present the case and defend your side more persuasively. Furthermore, they can counsel you for the duration of your case.
You Only Pay If You Win
As a type of injury attorney, our Fort Lauderdale reckless driving car accident lawyer operates on a contingency fee basis. This means they only charge fees once you successfully settle the case, unlike other lawyers who could charge you per hour.
Talk To Us Anytime
If you have concerns regarding your reckless driving accident in Fort Lauderdale, you can always consult the Law Offices of Anidjar & Levine for help. We have years of experience handling auto accidents and other injury actions. Our team is ready to work with you to get a settlement, no matter how big or small the case is.
For your free case evaluation with our Fort Lauderdale reckless driving car accident lawyer, you can call us at any time. We also accept consultation requests through the form provided here on the website.
We Can Help.