How to Sue for a Car Accident in Florida if the Other Driver was Reckless
If you were involved in a car accident where the other driver was accused of reckless driving, you may be entitled to file a lawsuit and seek compensation for your injuries. Proving your case is often easier if the driver did something so wrong that their fault is obvious, and reckless driving may qualify as one of these serious mistakes. If you or a member of your family was injured by reckless driving, contact our Miami car accident lawyers at The Law Offices of Prosper Shaked today for a free consultation on your case.
When Can I Sue for a Reckless Driving Accident in Miami?
Florida law makes reckless driving illegal. This law helps protect the potential victims of reckless driving accidents, so victims may be able to point to these laws to help prove the other driver’s fault after a reckless driving accident. Even if the at-fault driver was reckless, the victim must still meet certain requirements to be able to file a lawsuit.
Reckless driving, under § 216.192 of the Motor Vehicles Code, makes it illegal to drive with “willful or wanton disregard for the safety of” other people or their property. This definition is broad and includes many instances of unsafe driving that could injure another person or cause property damage. In addition, a driver is automatically considered reckless, per se, if they flee from police and start a high-speed chase. If you are injured in an accident under circumstances like these, you may certainly point to the reckless driving law to help prove the other driver was at fault for the crash.
To file a lawsuit for a car crash, you must still meet the qualifications under Florida’s “no-fault” insurance rules. These rules prevent victims from filing lawsuits for minor injuries, instead requiring them to use their own auto insurance. However, if your injuries meet either the “monetary threshold” or “verbal threshold,” you can file a lawsuit directly.
The monetary threshold is $10,000, meaning that any car accident worth at least $10,000 in medical expenses and lost wages automatically qualifies for a lawsuit. Injuries that cause this much damage are common in reckless driving scenarios.
Alternatively, if you meet the “verbal threshold” of sustaining “permanent” injuries, you can also sue. Injuries are considered permanent under Florida law if they will be permanent, to a “reasonable degree of medical probability.” This does not include simple scars, but “[s]ignificant” scarring qualifies, as does any injury that affects “an important bodily function,” which would include things like traumatic brain injury or spinal cord injury Also, if a loved one suffers wrongful death, you can usually sue after a reckless driving accident.
What to Do After a Reckless Driving Accident
If you are involved in a reckless driving car accident, it is important to stay at the scene, talk to police, seek emergency medical treatment if you need it, and gather certain information. This can all help you build your case and help with a lawsuit.
After the crash, you should get yourself to a safe location and call 9-1-1. Responding police officers can arrest the reckless driver and charge them with reckless driving, drunk driving, and any other appropriate crimes that will help keep them off the street and help you prove your case in court. Responding police can also help you with your case by testifying to what they saw during the aftermath of the crash and providing you with a police report.
If you are seriously injured, you should seek medical attention immediately. Any EMTs or ambulances that respond may be able to take you to the hospital to get you the emergency care you need. This will help you begin to form a record of what injuries you received and how much the medical care cost you, which can help you prove essential parts of your injury case.
If you can stay at the scene, there is vital information you should collect about the crash. Some of this information may be contained in the police report, but you should collect the information on your own as well. First, you should get the names and contact info for anyone involved in the crash and any witnesses. If you were injured in an Uber or Lyft accident, you should get the name of your driver as well as any other drivers and passengers involved. If you were injured in a truck accident, you should also get the name and contact info for the trucking company. In addition, gather the following information:
- Insurance information for all vehicles involved
- The make, model, and license place number for all vehicles involved
- The location, time, and date of the accident
- Information on any lighting and weather conditions at the scene
- Information on any injuries
- Pictures of the scene and vehicle damage
Call Our Miami Reckless Driving Injury Lawyer Today for a Free Consultation
After a reckless driving accident, it is important to talk to an attorney about your case. Miami personal injury attorney Prosper Shaked helps car accident victims and their families seek compensation for serious injuries. If you or a loved one was involved in a car accident, contact The Law Offices of Prosper Shaked today for a free consultation on your potential lawsuit. Our number is (305) 690-0244.