Reckless Driving Accidents
Reckless driving is a misdemeanor in New York City under VTL 1212, and a driver can be ticketed for it. If they are convicted, they will have a criminal record. The injuries that arise as a result of reckless driving can be catastrophic and permanently disabling or disfiguring. If you are seriously injured in a reckless driving accident, or if a loved one was killed, you should consult an experienced personal injury attorney. At Newman, Anzalone & Newman, LLP, our New York City car accident attorneys may be able to represent you in a lawsuit for damages.Reckless Driving Accidents
Under New York VTL 1212, reckless driving means operating a motor vehicle in a manner that unreasonably interferes with the free and proper use of the highway, or unreasonably endangers others using the highway. Reckless driving can include weaving at high speeds, carrying too many passengers, driving under the influence, tailgating, racing other cars, ignoring traffic signals, and going at very high speeds. The key issues are how the car or other vehicle was operated, as well as whether the driver showed a conscious disregard for others’ safety.
If reckless driving results in a car accident, the reckless driver may be cited under section 1212. However, any criminal proceeding will not take into account the serious injuries that you may have suffered. Even if restitution is awarded, it likely would not be enough to compensate for disabling and permanent injuries.
In most car accident cases, your attorney will need to establish negligence to recover damages for serious injuries that go beyond no-fault insurance. This means that you will need to show that the other driver owed you a duty of reasonable care and failed to meet that duty, thereby causing your injuries. Reckless driving is likely to be considered a breach of the duty to use reasonable care by a jury. For example, if someone is weaving through traffic and runs a red light, T-boning your car, this is likely to be considered negligence. Similarly, if another driver is going 100 mph in a 55 mph zone and rear-ends you while you are stopped in traffic, this is likely to be considered negligence. When serious injuries are incurred, it is important to call the police, since they can come investigate and cite the other driver for their recklessness. The citation will be helpful in establishing your right to recover damages.
Sometimes one driver's negligence combines with another driver's recklessness to produce a devastating accident. When faced with a lawsuit, the reckless driver may raise the defense that you were comparatively negligent. This means that the jury will determine the total damages and assign percentages of fault. If the total damages are $1 million, and you are found to be 25% at fault, you may be able to recover up to $750,000 from the reckless driver.
In New York, your own no-fault coverage will cover up to $50,000 in damages, usually comprised of medical expenses and perhaps lost wages. However, to recover beyond that, you will need to bring a lawsuit and show that you suffered serious injuries within the meaning of the law.
Damages that may be obtained in a personal injury lawsuit can include medical bills, lost wages, pain and suffering, mental anguish, household services, alterations to a home, long-term medications, and medical equipment. The amount of these damages will vary depending on the situation.Hire an Experienced New York City Attorney for Your Car Crash Case
Reckless driving accidents in New York City can result in catastrophic injuries. Sometimes, there are multiple accident victims, each with serious, life-altering injuries that necessitate long-term care, medical equipment, and surgeries. Each of these accident victims may be trying to make a claim against one reckless driver's insurance policy. It is important to retain an experienced attorney to represent you. Newman, Anzalone & Newman, LLP provides effective legal representation in car accident lawsuits. We represent clients in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or complete our online form.