Protecting Your Rights In California Since 1986

Were you injured by a reckless driver?

On Behalf of | Apr 21, 2022 | Recent Accidents

Being injured in an automobile accident is a bad enough experience for anyone, but being hit by a reckless driver is one of the worst highway scenarios that can occur. They are exceeding the speed limit to begin with in most cases, and they have no regard for human life for the most part. These accidents happen far too often in California, and law enforcement can often do little about it. In the best case scenario, the reckless driver’s vehicle is actually immobilized, which means they can be detained and identified.

Filing the initial claim

One of the first problems with a reckless driver claim is that many times they do not have auto insurance, which presents another problem in and of itself. Reckless drivers are still responsible for damages in motor vehicle accidents even when they have no insurance. This means that personal assets can be attached whenever the reckless driver has clear ownership.

Total fault potential

Another issue with reckless drivers is the potential for a whole damage verdict and possibly even a punitive damage award. Punitive damages cannot be claimed with the respondent insurance company as part of an auto accident settlement negotiation, but they can be awarded by a sympathetic jury when a case goes to a full trial. Whole damages are commonly awarded as well when accident reconstruction officers present their case to the court assigning total fault to the reckless driver.

In addition to potential extensive damage awards, the driver will more than likely be facing criminal charges based on the material details of the case. Reckless drivers are typically acting with disregard for a reason such as running from police officers due to being pursued for criminal activity, and the case is rarely as simple as a standard auto accident case. Multiple parties are also typically involved, which can further complicate the case.

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