Being in an accident can be incredibly scary. This is particularly true if you were involved in a collision with a reckless driver – someone who was speeding, driving drunk, running a red light, or otherwise driving dangerously. A person who drives without regard for the safety of others can be held responsible for any injuries that they cause.

Proving that someone engaged in reckless driving behaviors can be challenging, particularly if they have not been charged with a traffic violation or a crime. However, a skilled Staten Island reckless driving accident lawyer can gather evidence – such as witness statements, videos, and phone records – to prove that the other driver was driving recklessly. Gathering this evidence can be critical to getting maximum financial compensation  – including punitive damages.

At the O’Connor Law Firm, we take on big insurance companies to help our clients the best possible outcome for their cases. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law offices to talk to a Staten Island car accident attorney about your case.

What Is Reckless Driving?

In New York, reckless driving is defined as operating a motor vehicle in a way that unreasonably interferes with the free and proper use of the public highway, or that unreasonably endangers users of the public highway. Reckless driving is a misdemeanor and can result in an assessment of 5 points on your New York driver’s license, a driver’s license suspension, fines and fees, and other penalties.

So what exactly is reckless driving? It can include any type of driving that shows a wanton disregard for the safety of others on the road, such as:

• Speeding
• Racing
• Disregarding traffic signals
• Driving too fast for road conditions
• Tailgating
• Failure to yield to pedestrians
• Weaving in and out of traffic
• Driving under the influence of alcohol and/or drugs
• Illegal lane changes
• Passing on a double yellow line
• Distracted driving
• Aggressive driving or road rage
• Running red lights or stop signs

Too often, this reckless behavior leads to crashes that cause serious – or even fatal – injuries. 

Proving that a person was reckless can be important in a car accident claim. Most personal injury cases are based on a theory of negligence, which is a form of carelessness.  In a reckless driving claim, you will have to prove that the at-fault driver was something more than careless.

The line between negligence and recklessness isn’t always clear, but it may be based on the dangerousness of the person’s actions. For example, a person who drives at 75 miles per hour (mph) in a 35 mph zone and causes a crash may be considered reckless – while a person who drives 40 in a 35 mph zone and causes an accident is probably just negligent. Similarly, a person could be driving aggressively without being reckless – but they may cross that line if they do something dangerous, like drive on the shoulder and then swerve ahead of traffic.

The distinction is critical when it comes to damages for a reckless driving accident case. In personal injury cases, an injury victim might be entitled to three types of damages: economic, noneconomic, and punitive damages. 

Economic and noneconomic damages pay for a victim’s losses, such as property damage, medical bills, and pain and suffering. Punitive damages are only available in cases where the at-fault driver acted intentionally or recklessly. The goal of punitive damages isn’t to compensate a victim but to punish a wrongdoer and deter others from engaging in similar conduct. 

In this way, proving that another driver was reckless – not merely negligent – is important to getting full compensation for your injuries. A Staten Island reckless driving accident attorney can work with you to put together a strong claim for damages.

Proving a Reckless Driver Caused Your Accident

In any personal injury case, the burden of proof is usually on the plaintiff (the accident victim) to prove that the defendant (the at-fault party) caused a crash. This may include demonstrating that the defendant wasn’t just negligent – they were reckless.

Of course, insurance companies won’t simply agree that their insured was driving recklessly. Instead, they may try to argue that the defendant was merely negligent. As explained above, a finding of negligence could get the insurance company off the hook for punitive damages.

After you hire a Staten Island personal injury lawyer, they will get to work right away to investigate the underlying facts of your case. This may include:

• Reviewing photos and videos of the accident scene;
• Interviewing witnesses;
• Analyzing police reports;
• Requesting phone records and other technological data; and
• Working with accident reconstruction experts and other professionals.

For example, if the at-fault driver used a dashboard camera, your lawyer could request the dashcam footage leading up to the accident. This video might show the defendant weaving through traffic, running red lights, or driving well above the speed limit.

Similarly, witness statements can be crucial in proving that someone was driving recklessly. A witness may report that the car came out of nowhere or that they saw the defendant run a stop sign. This testimony can help demonstrate that the defendant wasn’t just negligent – they were reckless.

Data and information from technology can also be useful. For example, you may be able to get phone records that show that the driver was texting and driving at the time of the crash. This could be considered reckless driving, particularly if the driver was also doing something like speeding at the time.

Police reports are also important, along with evidence of a traffic ticket and/or criminal charge. In New York, the principle of negligence per se may apply if the defendant violated a law that was meant to protect others, and in doing so, caused an accident. In a negligence per se case, the burden shifts to the defendant to prove that they were not responsible for the accident.

Of course, there may be cases where the defendant acted recklessly but didn’t get a ticket. An accident report can still be helpful in establishing that the defendant was a reckless driver. Your lawyer will use these official documents along with other evidence – such as witness statements and videos – to prove that the at-fault driver was reckless.

The ultimate goal is to get you a fair settlement for your injuries, or if necessary, to win at trial. A settlement should include financial compensation for all of your losses, including property damage, lost wages, reduced earning capacity, medical bills, future medical expenses, pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress. For reckless driving claims, you may also be entitled to punitive damages.

Our Staten Island car accident attorneys work hard to ensure that our clients get the compensation that they deserve for their injuries.  We work with our clients to understand what happened to them – and how we can best help them achieve justice. Our law firm handles all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you.

Hurt in a Reckless Driving Crash? Call The O’Connor Law Firm

A car accident – particularly one caused by a reckless driver – can have devastating consequences. You may be facing serious injury, emotional trauma, and financial strain. Our law offices will work with you to help you get the money that you need to move forward with your life.

Based in Staten Island, the O’Connor  Law Firm represents clients who have been hurt in all types of accidents, including car crashes. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to set up an appointment with a Staten Island car accident attorney, give us a call at 866-927-3809 or fill out our online contact form.

Related:

How to Get Maximum Compensation from a Truck Accident

E-Scooter Accident Laws: Determining Liability and Securing Compensation