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:
- Bone fractures and lacerations, including skull fractures.
- Spinal cord injury.
- Joint damage.
- Traumatic brain injuries.
- Back spasms.
- Crush injuries.
- Severe Burn injuries.
- Cuts, bruises, and abrasions.
- Wrongful death of a spouse or other family member.
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.