Atlanta Reckless Driving Attorney for Auto Accident Victims

Atlanta Reckless Driving Injury Attorney

Atlanta Injury Attorney for Victims Injured Due to Reckless Driving in Georgia

More often than not, we can attribute a car accident to someone’s negligence; however, it is not always that straightforward. When a driver has gone beyond the pale of simple negligence, it opens up the question of recklessness. Reckless drivers are not only a risk to themselves but also to all those around them. This activity can result in far worse injuries and even death.

What is Reckless Driving in Georgia?

Negligence is a simple breach of duty toward another. Recklessness, on the other hand, requires the presence of some extra elements. The law is very broad in defining what is “reckless.” O.C.G.A. § 40-6-390 states, “Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.” Without explicit examples or elements to satisfy, this area of personal injury requires appropriate fact-finding to get to the appropriate conclusion.

The first question is: what happened? With a broad definition of “reckless driving,” a lot of examples can be used to satisfy that requirement of proof. It may be distracted driving, a DUI, extreme speeding, or a variety of other offenses that prove recklessness.

Your car accident injury attorney should also want to ask the other driver questions, such as their mindset (“Were you considering those around you?”), how they were driving (“What was the speed of the vehicle at the time of the crash?”), and if their driving at the time was reasonable (Do you believe that it is safe for other drivers to drive in that manner?”).

The answers to these questions, combined with the facts of the case, will shed a great deal of light on how to approach your claim and ensure you are appropriately compensated for your injuries.

Common Injuries Suffered in Georgia Reckless Driving Cases

Whether texting, talking, speeding, swerving, or simply being absent-minded, reckless driving in another case can leave you with severe injuries, including:

If you or a loved one were injured in a reckless driving incident, you may be entitled to financial damages. To learn more about what compensation might be available, contact Apolinsky & Associates today to schedule your appointment.

Proving Liability & Causation in Georgia Reckless Driving Injury Lawsuits

Establishing that negligence played a part in your reckless driving injury case is essential to winning and getting fair compensation. In order to do so, you will need to establish negligence by showing that:

  • A duty of care existed, and the defendant owed you a level of responsibility.
  • The defendant breached the duty of care and responsibility.
  • That breach directly caused your injuries.
  • You suffered damages that resulted from the breach of care.

Under GA Code § 9-3-33, the statute of limitations holds that injured parties have two years to bring personal injury claims forward. After two years, a court will dismiss your claim. Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything. It is important to consult a qualified auto accident injury attorney experienced in dealing with reckless driving injury claims as soon as possible to build your case.

Damages and Compensation Recoverable in Georgia Reckless Driving Injury Cases

Serious injuries can and do occur in car crashes. You may need extensive medical care, or even long-term care after an accident. Fortunately, you may be able to recover some of those losses, including:

  • Medical expenses, including emergency care and ongoing treatments.
  • Lost wages.
  • Reduced or loss of earning capacity.
  • Long term disability.
  • Property damage.
  • Pain and suffering, including emotional injuries.
  • Diminished quality of life.

In addition to these compensatory damages, your attorney may also seek punitive damages. These look to punish and discourage the behavior that led to your injuries. These may have a significant impact on the value of your case and should also be explored.

If you or a loved one has been badly injured due to a reckless driver’s negligence and would like to discuss what possible damages you could recover, contact Apolinsky & Associates, LLC, for a case evaluation.

Types of Injuries Suffered from Reckless Driving

  • Wrongful Death Case Icon
    Wrongful Death

    Unexpected deaths caused by reckless & aggressive driving take a massive toll on the victim’s friends and family, both emotionally and financially. If your family has suffered a wrongful death, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

  • Brain Injuries Case Icon
    Brain Injuries

    If a TBI resulted from a blow, jolt, or bump to the head due to another’s criminally reckless & aggressive driving, you should consult an experienced attorney as you may have grounds for an injury claim and appropriate compensation.

    Read More

  • Catastrophic Injuries Case Icon
    Catastrophic Injuries

    Victims of catastrophic injury due to reckless & aggressive driving may be liable to receive compensation. Because of the high stakes involved, victims should seek the help of an experienced injury lawyer.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Impacts from reckless & aggressive driving can lead to catastrophic spinal cord injuries. If reckless & aggressive driving caused your spinal cord injury, you should consult with an attorney to accurately evaluate your damages.

    Read More

  • Paralysis Case Icon
    Paralysis

    Suffering from paraplegia or quadriplegia as a result of another’s negligence will result in emotional and financial hardships. If another’s reckless driving caused your injury resulting in paraplegia, you may be liable for compensation.

    Read More

  • Amputation Case Icon
    Amputation

    When a traumatic amputation results from an accident caused by another’s reckless & aggressive driving, it may be possible to successfully pursue financial compensation from the responsible party.

    Read More

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    Accidents caused by another’s reckless & aggressive driving can commonly result in back, neck and disc injuries and severely impact a victim’s quality of life. An experienced attorney will help to determine fair compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Impact from reckless & aggressive driving accidents can cause major bone fractures. If you sustained a bone fracture caused by a reckless driver that result in significant financial and emotional losses, it’s essential to obtain legal counsel.

    Read More

Types of Injuries Suffered from Reckless Driving

  • Wrongful Death Case Icon
    Wrongful Death

    Unexpected deaths caused by reckless & aggressive driving take a massive toll on the victim’s friends and family, both emotionally and financially. If your family has suffered a wrongful death, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

  • Brain Injuries Case Icon
    Brain Injuries

    If a TBI resulted from a blow, jolt, or bump to the head due to another’s criminally reckless & aggressive driving, you should consult an experienced attorney as you may have grounds for an injury claim and appropriate compensation.

    Read More

  • Catastrophic Injuries Case Icon
    Catastrophic Injuries

    Victims of catastrophic injury due to reckless & aggressive driving may be liable to receive compensation. Because of the high stakes involved, victims should seek the help of an experienced injury lawyer.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Impacts from reckless & aggressive driving can lead to catastrophic spinal cord injuries. If reckless & aggressive driving caused your spinal cord injury, you should consult with an attorney to accurately evaluate your damages.

    Read More

  • Paralysis Case Icon
    Paralysis

    Suffering from paraplegia or quadriplegia as a result of another’s negligence will result in emotional and financial hardships. If another’s reckless driving caused your injury resulting in paraplegia, you may be liable for compensation.

    Read More

  • Amputation Case Icon
    Amputation

    When a traumatic amputation results from an accident caused by another’s reckless & aggressive driving, it may be possible to successfully pursue financial compensation from the responsible party.

    Read More

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    Accidents caused by another’s reckless & aggressive driving can commonly result in back, neck and disc injuries and severely impact a victim’s quality of life. An experienced attorney will help to determine fair compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Impact from reckless & aggressive driving accidents can cause major bone fractures. If you sustained a bone fracture caused by a reckless driver that result in significant financial and emotional losses, it’s essential to obtain legal counsel.

    Read More

Don't Let the Insurance Company Get Too Far Ahead. Hire an Attorney to Advocate for You Now!

Get A Free Case Evaluation(404) 377-9191

ATLANTA RECKLESS & AGGRESSIVE DRIVING ACCIDENT FAQs

What Defines Reckless Driving In Georgia?

As found in O.C.G.A. 40-6-390, a person commits an act of reckless driving when they operate their vehicle with “reckless disregard for the safety of persons or property.” In most cases, this is interpreted to mean that the offending party shows a willful or wanton disregard for the safety of others. Reckless driving is considered a misdemeanor, punishable by up to a year in jail.

But that is the criminal definition. In civil litigation, we need only show negligence – or the absence of reasonable care – to secure general liability. Establishing reckless driving, though, could lay the foundation for an additional punitive damages claim.

Sometimes we refer to aggressive driving as “road rage,” but that term does not apply solely to the phenomenon of other drivers cutting each other off while flashing some crude hand gestures. The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as occurring when a driver commits a combination of moving traffic violations that endanger others or their property.

By this definition, reckless and aggressive driving may include:

  • Following improperly.
  • Erratic lane changes.
  • Illegal driving on the shoulder, median, or sidewalk.
  • Passing where it is not allowed.
  • Generally operating a vehicle in a manner that is clearly careless, reckless, erratic, or negligent.
  • Suddenly accelerating or decelerating.
  • Failure to obey traffic signs, traffic officers, traffic control devices, etc.
  • Failure to yield the right-of-way.
  • Disregarding traffic warnings.
  • Racing.
  • Failure to signal.
  • Making a turn improperly.
  • Racing.

All motorists owe a legal duty to their passengers and others with whom they share the road to operate their vehicle in a manner that is reasonably safe for the conditions. Any one of these actions displays a breach of that duty, and it can be grounds for a finding of negligence and liability if someone is hurt as a result.

What’s the Difference Between Reckless and Negligent Driving In Georgia?

Reckless driving, and other actions that are considered reckless behind the wheel, are spelled out in the state of Georgia’s traffic code. Negligence is not. However, negligence is well-established to be a common cause of auto accidents. Negligence is the “failure to behave with the level of care that somebody of ordinary prudence would have exercised under the same circumstances.”

Speeding, illegal lane changing, and running a red light are all examples of actions that are both negligent and against Georgia traffic laws. One could be cited or even arrested for these actions. They may also be held liable in a civil claim for the damages caused to someone else if they cause a crash. These cases are entirely separate, and it is not necessary for the at-fault driver to be convicted in the criminal or traffic case in order to secure a finding of liability for your injuries.

What Compensation Is Available For Victims of Reckless & Aggressive Driving Accidents?

Reckless driving crashes can result in serious and even fatal injuries. The amount of damages to which you are entitled will depend on:

  • The percentage of blame shared by the at-fault driver. (If you are partially at-fault, your financial damage award could be proportionately reduced, per Georgia’s comparative fault law. The fact of your shared negligence, however, will not bar you from compensation unless you are half or more to blame.)
  • The amount of insurance involved. Georgia requires drivers to carry a minimum of $25,000 per person and $50,000 per crash in bodily injury liability coverage. That’s often not enough to the full extent of one’s damages. If that’s the case or if the other driver doesn’t have insurance or was never caught (hit-and-run), you may have the option of filing a claim for uninsured/underinsured motorist (UM/UIM) coverage from your own insurance carrier.
  • The severity of your injuries. Proof of the full extent of your injuries is often a hotly contested element in Atlanta personal injury cases. It takes a skilled legal advocate to ensure your injuries are carefully accounted for this purpose.

No matter what the circumstances, no insurance company (even your own) is going to be eager to issue a full and fair payout. This is why if you are hurt in an aggressive driving accident, it is imperative to hire an Atlanta car accident lawyer who has the experience needed to deftly negotiate with insurers and prepare for trial, if necessary.

At Apolinsky & Associates, LLC, we can help Georgia reckless driving accident victims recover financial damages for:

  • Vehicle repairs.
  • Vehicle replacement.
  • Ambulance costs.
  • Emergency room fees.
  • All other hospital bills.
  • Required physical therapy.
  • Occupational therapy.
  • Mental health counseling.
  • Lost income.
  • Lost earning potential.
  • Pain and suffering.
  • Mental distress.
  • Disfigurement.
  • Loss of life enjoyment.
  • Loss of limb.
  • Loss of consortium (spouses).
  • Wrongful death.

We will also carefully examine whether punitive damages are appropriate to pursue in your case. We understand that reckless driving crashes can be as emotionally traumatic as they are physically injurious. We at Apolinsky & Associates, LLC are committed to fighting to ensure you receive the full and fair compensation that you are owed.

How To Pursue Punitive Damages For Reckless & Aggressive Driving Accidents In Georgia?

Although traffic citations and criminal cases are handled separately, some of the evidence gathered in preparation for those may prove useful for your civil claim. While the criminal and traffic courts will be concerned with penalizing traffic scofflaws, the civil courts are capable of securing compensation to aid those directly hurt by such carelessness.

In some cases, where the driver’s actions showed blatant and reckless disregard for the well-being of others on the road, we may consider also pursuing punitive damages, per O.C.G.A. 51-12-5.1. These damages are not presumed and must be specially requested from the court. They are only awarded in case of aggravating circumstances. To prevail with punitive damages, we must prove by a standard of clear and convincing evidence that the actions of the defendant showed willful misconduct, malice, fraud, wantonness, oppression, or an entire want of care, raising the presumption of conscious indifference to consequences. It is a high proof standard, but there are some cases of reckless and aggressive driving injuries wherein such a standard is clearly warranted.

What Is The Statute Of Limitations For Reckless Driving Injury Claims In Georgia?

The statute of limitations in Georgia (GA Code § 9-3-33) holds that injured parties have only two years to bring personal injury claims forward. A court will dismiss your claims after those two years.

In cases of reckless driving, where insurance companies are often involved, it is important to remember that oftentimes insurance companies will engage in stalling techniques intended to run out the clock and avoid paying you anything before the statute of limitations is up.

There are a number of complex factors that go into the statute of limitations in any individual case, so if you are looking to pursue a civil claim, you are advised to contact a personal injury lawyer experienced in reckless driving injury cases to build your case.