And Then It Happens To You… A Car Accident.
An accident victim who was injured in a car accident in Tucson, Arizona describes her experience in this guest post....
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Reckless drivers willfully violate the duty of care they owe to you and your loved ones. These drivers can cause serious, life-changing accidents. They won’t pay for them unless you hold them accountable, though.
That’s why our Tucson reckless driving accident attorneys want to give you the tools to pursue a civil case.
Civil cases brought against reckless drivers can win you the financial support you need to recover from an accident. If you’re ready to fight back against reckless accident bills, you can discuss your civil suit with the team at Zanes Law.
Identifying Reckless Driving in Arizona
A.R.S. § 28-693 notes that reckless driving can see a person charged with a Class 2 misdemeanor. Civil lawsuits don’t assign criminal charges to a particular driver, though. Instead, these charges help you express your concern over the losses you endured due to someone else’s behavior.
Which behaviors does Arizona consider to be reckless, though? In most cases, you can hold another driver accountable for reckless driving if you accuse them of:
- Criminal speeding
- Tailgating at high speeds
- Swerving through heavy traffic
- Driving under the influence of drugs or alcohol
- Running a red light and not yielding to yellow lights or traffic
- Driving at night without headlights
- Taking phone calls, texting, or checking notifications on a cell phone while driving
For a free legal consultation with a reckless driving accidents lawyer serving Tucson, call 866-499-8989
In other words, reckless driving describes driving that actively endangers others on the road. If you’re unsure whether or not the behavior you witnessed classifies as reckless driving, you and an attorney can assess evidence from the scene before classifying your case.
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What Can You Receive in a Claim Against a Reckless Driver?
In many cases, serious injuries can result from reckless driving accidents. If you are the victim, you may be able to file a claim and receive compensation for damages.
Some accidents will require you to miss work and wages or pay large amounts of money for medical bills. If a successful claim is filed, you will be able to receive compensation for:
- Medical bills
- Lost wages
- Pain and suffering
But can you sue a reckless driver for punitive damages? Punitive damages are very rarely compensated because they require the responsible party to pay for their actions instead of paying for the costs that the victim needs to endure.
In Arizona, there is no maximum that one could pay for punitive damages, and can sometimes be done. All you have to do is present evidence that the negligent driver acted with malicious motives or intentions.
What Is the Difference Between Negligent Driving and Reckless Driving?
Generally, reckless drivers knowingly engage in unsafe driving behaviors. On the other hand, negligent driving is not always intentional. However, just because a driver did not mean to act negligently while on the road does not mean they cannot be the cause or hold the blame for an accident if one occurs.
Negligent driving includes:
- Failing to use a turn signal
- Not yielding to those who have the right of way
- Falling asleep while behind the wheel
- Adjusting the radio or becoming quickly distracted
A reckless driving accident lawyer in Tucson can investigate the circumstances of your case to determine whether the at-fault driver was acting negligently or recklessly.
Does the Difference Affect Compensation for Your Claim?
In some cases, compensation might differ. But generally, the payment you receive for each of these claims is similar. However, if a driver has operated recklessly, they could also be required to pay punitive damages.
These damages are rarely awarded. But if they are, you and your attorney must prove evidence of total fault, and intentional actions should be shown. Punitive damages will then be paid to you on top of all other compensation you would be entitled to.
Who to Hold Liable for Reckless Driving Accidents
The drivers on today’s roads aren’t always operating privately-owned vehicles. You’re as likely to get into an accident with a rideshare driver or someone in a company car as you are a private citizen. With that in mind, who can you hold accountable for your losses in a reckless driving accident?
To establish liability, you first need to determine the duty of care. When you get into an accident with a rideshare driver, for example, that driver’s company owes you a duty. In turn, you’ll need to bring a legal complaint against the company as opposed to the driver that hit you.
If you’re in an accident with complicated liability, our team can establish a duty of care for you. A reckless driving accident attorney in Tucson can look at the evidence relating to your losses and ensure that your complaint is addressed to the proper party.
Holding Someone Accountable for Reckless Driving Expenses
A civil complaint will not rush or add to the criminal consequences that a person faces for reckless driving. Instead, civil complaints allow you to request compensation in addition to what you may have received from an insurance provider. This financial support can help you overcome the cost of medical care or vehicle repairs.
To bring a civil complaint to a judge’s attention, you first need to submit documentation of your accident to a county clerk. A clerk will then consider your case and determine whether or not to bring it forward.
Arizona courts notify you of your case’s acceptance or rejection, regardless of their decision. In turn, you’ll know when you have the grounds to summon an allegedly-liable party for talks.
Elaborating on Your Reckless Driving Accident Losses
Car accidents tend to be rich in property damage. There’s a chance you may need to invest in significant car repairs after a reckless driving collision. You may even need to rent a temporary vehicle while yours is in the shop.
The good news is that both of these expenses can make their way into your civil complaint, as can others relating to your lost personal property.
You also retain the right to request compensation for any physical injuries you suffered during a reckless driving accident. The losses that may be more difficult to quantify are your non-economic ones. Conditions like PTSD and emotional trauma are as important to address as physical injuries.
To hold another person accountable for your non-economic losses, a Tucson reckless driving accident attorney can refer to court precedent established throughout Arizona. We can then include losses like PTSD in your complaint by referencing the dollar amount awarded to people who endured injuries similar to yours.
File Your Reckless Driving Claim Within Two Years of Your Accident
Arizona’s statute of limitations on reckless driving suits helps keep the state’s court cases current. You need to pay attention to your applicable deadline if you want to pursue compensation for a reckless driving accident.
A.R.S. § 12-542 lets you take two years from the day of your accident to file a claim. If you’re working with an attorney, you can begin gathering evidence of liability on the same day your accident occurs. We help you stay on top of your deadlines while you focus on recovering.
Our Team Prepares You for Negotiations and Trials
So, you’ve filed your reckless driving complaint. What kind of legal action should you prepare for? If a court approves your complaint, you have the right to summon an allegedly-liable party to either negotiations or a formal trial.
Negotiations can win you compensation on a faster timescale, but trials can add punitive damages to your financial support.
Our reckless driving accident lawyers in Tucson are prepared to contend with both negotiations and trials. If you’d like to host preliminary conversations with an allegedly-liable party, we can help you issue a summons and communicate with the defendant. If the time comes to transition into a trial, we’ll make sure the right documents make it to court.
You can discuss what results you want from your complaint during an initial case consultation. Our team does more than fight for your financial support, after all. We’re here to advocate for you.
Overcome Your Post-Accident Bills With Zanes Law Injury Lawyers
Reckless driving is a costly endeavor. A perpetrator won’t pay the consequences unless you bring your case forward. You don’t have to be intimidated by the legal process. Let our Tucson reckless driving accident lawyers at Zanes Law Injury Lawyers help you file.
We can discuss your case’s possible compensation during an initial case consultation. Contact us over the phone or through our website to schedule a session. The sooner we sit down and talk, the sooner you can fight for the financial support you deserve.
Tucson Car Accidents Blog Posts:
Car Accidents That Happen In Mexico and How To Handle…
Although this topic of discussion may not apply to everyone or to all states, it is an important discussion for citizens of the the U.S. that are living in states that bo...
READ MORE
Repercussions of Car Accidents can be Both Physically and Mentally…
It seems surreal at first, like watching a movie in slow motion. You almost can’t believe how fast the car is coming…you keep thinking he’ll slow down…he has to s...
READ MORE