Dangerous drivers put everyone on the road at risk. When their reckless actions cause an accident, they should be held accountable for the physical, emotional, and financial harm they’ve caused.
The team at Cardoso Law, PLLC, has seen firsthand the devastation reckless driving can cause to car accident victims and their families. Our experienced reckless driving attorneys in Florida are dedicated to seeking justice on your behalf. We’ll fight for a fair payout while you focus on healing. Contact us today to learn more about how our Pensacola car accident lawyer can help.
What Classifies as Reckless Driving in Florida?
Under Florida law, a reckless driver is one whose actions display “willful or wanton disregard for the safety of persons or property.” In other words, any behind-the-wheel behavior that is extremely careless or deliberately dangerous may constitute reckless driving.
Some examples of reckless driving include:
- Excessive speeding well above posted limits
- Street racing or drag racing
- Running red lights or stop signs at high speeds
- Aggressive weaving between lanes
- Tailgating or brake-checking
- Driving under the influence of drugs or alcohol
- Fleeing law enforcement
Reckless driving is a criminal offense in Florida, punishable by fines, license suspension, and potential jail time. It may also constitute a valid personal injury claim. Our attorneys can review your case and inform you of your legal rights and options.
What Should You Do if You Are Hit by a Reckless Driver in Florida?
Knowing the right steps to take after being hit by a reckless driver can help protect your health and strengthen your case for maximum compensation. You should:
Seek Immediate Medical Attention
If you haven’t already, seek medical attention as soon as possible. Adrenaline can mask a lot of pain, and some car accident injuries (e.g., whiplash, internal damage, spinal cord injuries, or even traumatic brain injuries) may not show symptoms for hours or even days. Insurers may also claim that any delays in care show that your injuries are not that serious, or they’re unconnected to the accident. Protect your health and your legal rights by seeing a doctor right away.
Call 911
Report the car crash to the police immediately. The responding officer will create a police report, which can play a critical role in establishing fault. Police reports serve as official documentation containing key information such as the date, time, and location of the accident, as well as statements from involved parties and witnesses, and an initial fault assessment.
Document the Accident
Visual confirmation of your version of events can be powerful evidence in car accident claims. Take photos and videos of vehicle damage, vehicle positions, accident debris, skid marks, traffic signs and signals, road and weather conditions, the surrounding area, and visible injuries.
Collect Information
Gather the reckless driver’s name, contact information, license and plate numbers, and insurance details. Be polite, but avoid apologizing for anything or discussing fault in any way. Anything you say may be used against you when you pursue your personal injury claim.
Obtain Witness Contact Information
Third-party testimony can lend credibility to your claim and provide key details about the collision that you missed. If there were any witnesses, collect their names and contact information.
Contact a Car Accident Lawyer
An experienced car accident lawyer can lead you through the entire process of pursuing your rightful compensation. Not only that, but car accident attorneys can also fight back against insurance company tactics designed to weaken your claim and minimize your payout. Contact one as soon as possible following a car accident in Pensacola.
Possible Recoverable Compensation
Compensation for reckless driving car accident cases accounts for both the financial losses and the physical and emotional damage caused by the accident and your injuries. Your attorney may seek compensation for the following on your behalf:
- Medical Expenses – Ambulance services, ER visits, surgeries, doctor’s appointments, prescription medications, medical devices, physical therapy and rehabilitation, and future medical expenses
- Lost Wages – Hourly wages or salary, commissions and tips, missed raises or promotions, sick days, vacation time, medical benefits, and future lost wages
- Pain and Suffering – Compensation for the physical, mental, and emotional damage caused by the accident
- Property Damage – The cost of repairing or replacing your vehicle and any other property damaged in the accident, as well as the diminished resale value of your vehicle
Although punitive damages are not intended as compensation for the injured party, but rather, as punishment and a deterrent for the at-fault party, your lawyer could request that the court grant them in certain cases. The at-fault party’s actions would have had to be particularly egregious before the court would consider making such an award.
Statute of Limitations for Reckless Driving Accident Claims in Florida
All states have specific deadlines for filing a personal injury lawsuit dictated by the statute of limitations. In Florida, the statute of limitations allows two years from the date of the accident for the injured party to file suit against the at-fault party. Missing this deadline may mean forfeiting your right to recover compensation.
While two years may seem like a long time, it can pass quickly, and the longer you wait to pursue your claim, the harder it becomes to build a compelling case. Evidence can disappear, and witness memories can fade. That’s why contacting an experienced lawyer as soon as possible is crucial.
What You Need to Know About Florida’s Auto Insurance Laws
Florida has a no-fault insurance system for car accidents. That means that compensation for your medical costs and lost wages comes from your own insurance policy first, regardless of who was at fault. Here are some key points about the no-fault system:
- Compensation comes from your Personal Injury Protection (PIP) coverage.
- Every auto insurance policy must have a minimum of $10,000 in PIP coverage.
- PIP covers a portion of medical expenses and lost wages, but it does not compensate for pain and suffering.
Reckless driving accident victims may step outside the no-fault and file a lawsuit against the at-fault driver to pursue pain and suffering compensation if they suffer:
- Permanent injury
- Significant and permanent scarring or disfigurement
- Significant and permanent loss of a bodily function
- Death
In instances where a reckless driver kills someone, their surviving family members may have a valid wrongful death claim. Wrongful death compensation may cover funeral and burial expenses, loss of guidance and companionship, loss of financial support, and medical expenses incurred before the deceased’s passing.
How Our Florida Car Accident Lawyers Help Victims of Reckless Drivers
Because reckless driving often causes serious or catastrophic injuries, many victims have a valid claim against the driver beyond PIP coverage. However, it can be critical to work with an experienced reckless driving accident attorney when pursuing your claim. Our attorneys can help by:
- Reviewing Your Case for Free – We can discuss your case with you, review any evidence you have, and ask you some key questions to determine your legal options free of charge.
- Investigating the Accident – We’ll gather police reports, witness statements, surveillance footage, medical and financial records, and expert testimony to build a compelling case.
- Calculating Compensation – We’ll work with medical and financial experts to assess the impact and extent of your injuries and determine the full value of your claim.
- Communicating with Insurers – Insurance companies will employ various tactics to weaken or outright deny your claim. We can protect your rights by handling all communications with them.
- Negotiating and Litigating – We’ll advocate aggressively for a fair settlement when it comes time to negotiate. If insurance companies won’t play fair, we’ll file a lawsuit and take your claim to court.
FAQs About Reckless Driving in Florida
Here are some of the most common questions clients ask our reckless driving attorneys in Florida:
What is the punishment for reckless driving in Florida?
Reckless driving is a criminal offense in Florida. A first conviction may result in up to 90 days in jail and fines up to $500. Subsequent convictions carry harsher penalties, including longer jail time, higher fines, and probation. If the reckless driving caused property damage, charges can be escalated to a first-degree misdemeanor. If it causes bodily harm, it can be elevated to a third-degree felony.
How does a reckless driving conviction affect the victim’s civil case?
A criminal conviction for reckless driving does not automatically mean the victim will be awarded compensation in a civil case, but it does strengthen the case by providing clear evidence of dangerous behavior. Even if the driver is not convicted criminally, you may still be able to recover compensation, as the standard for proving reckless driving is lower in civil courts than in criminal courts.
What is “Wet Reckless”?
“Wet reckless” describes a reckless driving charge involving alcohol. Sometimes courts allow a DUI charge to be reduced to wet reckless as part of a plea bargain. While it carries less severe criminal penalties than DUI, a wet reckless charge still indicates dangerous driving behavior and can help establish liability in a personal injury claim.
Contact Cardoso Law PLLC to Discuss Your Possible Legal Case
If you’ve suffered injuries caused by a reckless driver, you deserve justice. The team at Cardoso Law, PLLC, has extensive experience holding reckless drivers accountable for their dangerous actions. We’re ready to fight for fair compensation on your behalf.
Contact us today for your free consultation.