Reckless driving in New York is a serious traffic offense. In fact, the state has been cracking down on reckless drivers. In 2018, state troopers ran a campaign to stop speeding. They issued24,581 ticketsthroughout the state, many of which were in New York City.
The reason for the campaign is simple. If someone is driving recklessly, they are likely to cause an accident. They put other drivers at risk of serious injury. Fortunately, there are laws in place to hold reckless drivers accountable for their actions. If you are a victim of acar accident in New York City, you can file a personal injury claim against a negligent driver. You may receive money for your injuries and more. Rosenberg, Minc, Falkoff & Wolff, LLP can explain more about your options.
What is Reckless Driving?
Reckless driving is similar to aggressive driving. In fact, many of the same actions that are known as aggressive are also considered reckless. This type of driving occurs when someone commits one or multiple traffic offenses, and their actions put other people or property at risk.
The following behaviors all qualify as reckless:
Driving too quickly, whether it’s over the speed limit or too fast for the weather conditions
Passing on the right when there is no passing lane
Following another vehicle too closely
Changing lanes in an unsafe manner
Not yielding to other vehicles
Not obeying traffic signals or stop signs
WHY IS IT SO DANGEROUS?
Every type of reckless driving has the potential to cause a car accident in NYC. However, some actions are more dangerous than others.
For instance, speeding is one of the most dangerous things a driver can do. In fact, it’s estimated that speeding is the cause of approximately one-third of traffic fatalities in the U.S. There are several reasons for this. First, there’s the force of the collision. When a vehicle is traveling at a high speed and hits another object, the resulting energy tr is much greater. This increases the chance of injury as well as the chance of fatality.
Another extremely dangerous action is tailgating. By driving too closely to another vehicle, these drivers don’t have enough time to react to a change in the traffic flow. If the person in front of them stops suddenly, a rear end accident is much more likely.
Other types of reckless driving, like erratic lane changes, are also hazardous. Someone who is changing lanes unsafely and frequently is likely to cause a sideswipe accident. They might not see another vehicle in the adjacent lane, which could end with a multiple vehicle accident. When these lane changes occur on high-speed roadways, the stakes are even higher.
What Can an Attorney Do?
If someone is driving recklessly, they could be responsible for paying for the expenses related to your accident. You may receive that compensation through their insurance company or through a personal injury claim.
In either scenario, you should consider working with an attorney. Insurance claims involving reckless drivers can be complex. You might need to fight to get any coverage. Even if the insurer does offer payment, it might be much less than you deserve.
An attorney can negotiate with the insurance company. By proving the other driver was reckless, they can convince the insurance company that they were at fault. They can also collect documentation of your medical bills to prove your case’s worth.
FILING A PERSONAL INJURY CLAIM
An attorney can also represent you in your personal injury claim. If the other driver was reckless, they could be held responsible in a civil court. You can file a claim against them and seek compensation for all of the following expenses:
Wages from missed hours at work
Pain and suffering
Other accident-related expenses
For a successful claim, you need to prove that the other driver acted in negligence. This means having evidence from the time of the accident. You could use a police report, witness testimony, or expert testimony as your evidence.
While most personal injury claims get resolved with a settlement, others end up in court. A settlement involves your attorney meeting with the other party and negotiating an offer. This is a common arrangement because it can save the opposing party money on legal fees and resolve the situation quickly.
If you go to court, your lawyer can represent you in front of a judge. Whatever the judge decides is final, unless one of the party’s files an appeal. Rosenberg, Minc, Falkoff & Wolff, LLP can take you through the complicated process of receiving compensation for your injuries. Contact our office today to learn more.