Reckless driving is a dangerous behavior that can have devastating consequences. Florida saw 116 fatal crashes in 2022 due to reckless driving, along with 249 collisions that caused incapacitating injuries.
A Florida car crash lawyer from Aigen Injury Law can assist if you’ve been injured in an accident with a reckless driver in Miami. We’ll break down what counts as reckless driving under Florida law and explain how it could affect your claim for compensation.
Legal Definition of Reckless Driving in Florida
In Florida, reckless driving is defined by Statute 316.192 as managing a vehicle in such a way that indicates a deliberate or careless lack of concern for the safety of individuals or property. This can include a variety of behaviors, such as:
- Speeding excessively beyond the posted speed limit, especially in residential areas or school zones.
- Engaging in street racing or other forms of competitive driving on public roads.
- Ignoring traffic signals or signs, such as running red lights or stop signs.
- Driving under the influence of alcohol or drugs, impairing judgment and reaction time.
- Engaging in road rage behaviors, such as tailgating, cutting off other drivers, or aggressive gesturing.
- Fleeing law enforcement after a traffic stop or in a high-speed chase.
Reckless Driving: Negligence vs. Criminal Charges
In Florida, reckless driving is more than just a simple traffic violation; it’s considered a criminal offense. Therefore, if someone is found driving without any concern for the safety of other road-users, they could face legal penalties, both civil and criminal.
Criminal penalities can range from fines and minimal jail time to felony charges, depending on the severity of their negligence and recklessness. For instance, on February 5, 2024, a Florida driver whose reckless actions caused the death of a 62-year-old man was charged with vehicular homicide and DUI manslaughter.
If you’re in a collision with a reckless driver, it can bolster your case for compensation if they’re charged at the scene, but it isn’t required to win a personal injury case against them. In Florida, car accident liability is based on negligence, which essentially means proving the other party acted irresponsibly or carelessly, resulting in another’s injuries.
Usually, this means working with a knowledgeable lawyer to help you collect evidence proving that the driver’s reckless behavior was the direct cause of the crash and your resulting injuries. This could include things like footage from traffic cameras, testimonies from people who saw the accident, expert accident reconstruction analysis, and your medical records to back up your claim.
How We Can Prove Reckless Driving for Your Car Accident Claim
With the right support and evidence, you can build a strong case showing the other driver was at fault and claim the compensation you deserve for your injuries and more. At Aigen Injury Law, we work tirelessly to establish proof of reckless driving to secure maximum compensation for accident victims. Steps we take include:
- Secure Scene-of-Accident Evidence: We gather and scrutinize evidence from the crash site, such as traffic camera recordings and physical signs of reckless driving, including skid marks and damage to the vehicles.
- Gather Direct Eyewitness Testimonies: We talk to eyewitnesses to get their firsthand accounts of the reckless behavior, adding strong, direct evidence to support your case.
- Analyze Police and Accident Reports: Our team reviews official reports for any indications or charges of reckless driving, using them as foundational evidence in your claim.
- Use Advanced Accident Reconstruction Techniques: We can leverage cutting-edge technology like digital forensics and 3D accident reconstruction software, as well as consult experts in the field to create a detailed reenactment of the crash, highlighting how the other driver’s reckless actions led to the accident.
- Engage Medical Experts: By working with medical experts, we create a direct link between your injuries and the accident, highlighting the consequences of reckless driving.
- Negotiate With Insurance Companies: Armed with solid evidence, we aggressively negotiate with insurance carriers to ensure you receive a settlement that compensates for your losses.
- Prepare for Trial with a Strong Case: If necessary, we’re ready to take your case to court, presenting a powerful argument to a judge or jury about how reckless behavior has impacted your quality of life.
Get Legal Help After a Reckless Driving Crash
Whether due to speeding, aggressive driving, or driving under the influence, reckless drivers endanger everyone on the road. If you’ve been hurt in a car accident because of another’s careless actions, you’re entitled to pursue compensation for your losses.
At Aigen Injury Law, we understand the challenges you may face after a car accident. Our experienced Florida car crash lawyers are dedicated to helping accident victims pursue the compensation they deserve.
Contact us today for a free consultation and let us advocate for your rights. Get the legal representation you need to protect your interests.