Every year an average of six million car accidents take place in the United States, and each day 90 people die as a result of these accidents. An additional two million people suffer some form of a permanent injury related to a motor vehicle accident. Of the accidents resulting in fatalities, nearly one third are caused by reckless driving.
Georgia defines reckless driving as driving a vehicle in reckless regard for the safety of persons or property (See O.C.G.A. 40-6-39). If found guilty of reckless driving, the offending driver could face up to 12 months in jail and be ordered to pay a fine up to $1,000. If the accident results in a fatality, the driver could face more serious criminal and civil consequences.
Reckless driving or just bad driving?
The legal definition of reckless driving is intentionally left broad to cover a wide range of driving infractions. A bad driver is not necessarily considered a reckless driver. There are many circumstances where an officer may consider charging a driver with reckless driving. These include:
- Excessive speed: In 2017, speeding was considered a contributing factor in over one-quarter of all motor vehicle fatalities, killing over 9,700 people. Excessive speed can reduce a driver’s ability to control their vehicle and can increase the severity of injuries.
- Driving under the influence: Even if a driver hasn’t been drinking enough to receive a DUI, that doesn’t mean they should be on the road. Driving under the influence of drugs, alcohol, or prescription medication can affect a driver’s reaction time and impair their judgment.
- Failing to obey traffic laws: Traffic signs help drivers navigate the roads and use adjust their driving to appropriate road and safety conditions. Common infractions include running red lights, driving in a restricted area, and running through a stop sign.
- Aggressive driving: AAA includes tailgating, cutting off another driver, weaving in and out of traffic, and intentionally blocking another driver as aggressive driving. Aggressive driving is more common than you may realize. A recent study found that close to 80 percent of all drivers have admitted to aggressive driving at least once in the past year.
How can I prove the other party drove recklessly?
It’s relatively easy to spot a reckless driver on the road. We’ve all seen that one driver who we knew shouldn’t be on the road. Chances are, if a person’s reckless driving led to your accident, there will be at least one witness who saw the other party’s dangerous driving. Witnesses can help validate your testimony and are extremely valuable to your case. In some cases, there may be physical evidence at the scene that can help prove recklessness. This may include skid marks or damaged property. Dashcam footage (yours or someone else’s), radar readings, and surveillance footage may also be used to support your claims.
How does another driver’s reckless driving conviction help my case?
Generally speaking, a reckless driving conviction against the other party can help you prove the other party’s fault in the accident. While the other driver may try to claim that you hold a level of fault in the accident, a reckless driving citation shows the insurance company and potentially a jury that a law enforcement officer deemed the other driver’s actions a danger to other drivers.
In addition to helping you prove fault in an accident, a reckless driving conviction may allow you to claim punitive damages in addition to your actual damages. Punitive damages are awarded as a punishment against the offending party. They are intended to discourage a party from repeating negligent actions. For a case to be eligible for punitive damages, Georgia law requires that a defendant’s actions “showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”
How is a Georgia personal injury claim calculated?
If you were injured as a result of someone else’s reckless driving, the law entitles you to pursue just compensation. An insurance company will consider economic and non-economic damages when evaluating your claim. While economic damages including lost wages and medical bills are relatively easy to calculate, claims for pain and suffering and loss of enjoyment can be more difficult to quantify. When determining an appropriate offer for your personal injury case, the other party may consider:
- Medical bills: The responsible party will generally be responsible for all medical bills incurred as a result of the accident. These costs must relate to injuries sustained during the accident.
- Lost wages: If your accident results in lost time from work, you deserve to be compensated for these wages. This award will typically include any time missed from the date of the accident until the date your case settles. The lost time must be directly related to injuries sustained as a result of the accident.
- Future lost wages: If your injury is serious, it could affect your future earning potential. If you are no longer able to work in the same capacity as you were before the accident, an appropriate figure will be calculated to determine how much your future earning ability has been affected.
- Retraining: If you are unable to return to your previous line of work, you can ask for job retraining costs in your settlement.
- Pain and suffering: It is impossible to put a dollar amount on pain and suffering incurred as the result of an accident. Pain and suffering essentially refers to the stress and physical pain that you incurred as a result of the accident. This may include ongoing pain, anxiety, depression, and PTSD, among others.
- Loss of enjoyment: Loss of enjoyment is an extension of pain and suffering and refers to your diminished ability to do things you were able to do before the accident. For example, if you were part of a recreational softball league before your accident and your injuries no longer allow you to participate in this activity, you may have a claim for loss of enjoyment. If you can no longer cook, clean, or do basic household chores, this could also be considered a loss of enjoyment.
You Don’t Have to Fight Alone
A motor vehicle accident can have a dramatic effect on your life. While the law does not require you to have legal representation to file a personal injury claim, sadly, most insurance agencies will offer a substantially lower settlement to non-represented parties. If you have been injured because of a reckless driver, you deserve fair compensation. An experienced Georgia personal injury lawyer can help you evaluate your case and advise you on the next steps in your case.
Schedule your free consultation by calling us at (404) 418-8244 or contact us online.
