Getting injured in a car accident can be a life-altering experience. Car accident injuries can be physical, cognitive, and emotional. They can also be catastrophic. If you are hurt in an accident as the result of the actions of another person, you are going to want to get compensated for your injuries. However, if the other person was engaging in reckless driving, this can complicate the matter. This is why you will need to retain an experienced lawyer like the ones at Hernandez Sunosky LLP to represent you in your case. We will fight to make sure you get the compensation you require for your injuries.
What Is Reckless Driving?
Reckless driving is a criminal offense that is classified as a misdemeanor in Texas. A number of different actions taken by a motorist will constitute reckless driving. For example, driving at a speed in excess of the posted speed limit or weaving in and out of traffic can be considered reckless driving. Driving through red lights and stop signs and disregarding other posted traffic signs are part of driving in a reckless manner. While one missed stop sign may not be enough to constitute this offense, a pattern of doing this while on a single drive may trigger legal consequences. Distracted driving, like making calls and texts while holding a phone or eating and drinking while driving, are also factors that will be considered.
Other actions that are criminal offenses can also be considered reckless driving in Texas. Driving while intoxicated or under the influence of a controlled substance, speeding to evade the police, and street racing are all illegal conduct that falls under the rubric of reckless driving.
Legal Consequences for Reckless Driving
If a person is arrested and convicted of the misdemeanor of reckless driving, he or she can face a fine of up to $200, a 30-day jail sentence, or both. A great deal will depend on the circumstances surrounding the offense. If the motorist is arrested in the future and convicted of subsequent counts of reckless driving, this can lead to longer jail sentences, heftier fines, and even suspension of a driver’s license. In cases where the reckless driving led to serious injury or death of a passenger in the driver’s car, another vehicle or a pedestrian, the motorist could face charges of aggravated assault and manslaughter, which are felonies punishable by steep fines and incarceration in a Texas penitentiary.
Common Types of Injuries After a Reckless Driving Accident
Each year, thousands of Texans are injured in reckless driving accidents. For example, in 2022, there were over 160,000 traffic accidents caused by speeding in the State. Moreover, over 1,500 people lost their lives in reckless driving accidents in Texas in 2021. As you can see, reckless driving can cause serious personal injuries to motorists, pedestrians and passengers.
Reckless driving accidents can result in a wide range of injuries, from minor to life-altering. Here’s a list of common injuries sustained in such incidents:
- Loss of limbs
- Broken bones
- Cuts and lacerations
- Whiplash
- Spinal injuries
- Traumatic brain injuries (TBI)
- Nerve damage
- Chronic pain
What Are the Legal Remedies?
If you or a loved one are injured in a reckless driving accident, you are going to want to receive compensation from the responsible driver. While it may seem pretty easy to prove fault since the responsible driver was likely charged with reckless driving, you cannot assume that this will be the case.
Under Texas law, damages in a car accident are subject to a modified comparative fault rule. This means that the court will look at each driver’s contribution to the accident. If one driver is deemed solely at fault, then this person and their auto insurance company will have to cover 100% of the damages. However, since this is rarely the case, any damages that you received will be reduced by the percentage of fault attributed to you. So, if the court determines that you were 20% at fault, then you will only be able to collect up to 80% of your damage amount from the other driver. In addition, if you were more than 50% at fault, then you are barred from recovering anything from the accident. This is why it is crucial that you hire an experienced Texas accident attorney to represent you in your case.
How Can I Get Compensated for My Injuries?
In order to prevail in a reckless driving accident, you will need to prove that the other driver was more than 50% at fault by a preponderance of the evidence. This means that you will need to provide expert testimony on the causation of the accident, such as by an accident reconstruction expert. This person will study the police report, review the evidence, and create models and animations to demonstrate how the accident occurred. He or she will then testify under oath about their findings. You will also need to provide medical records and may have to undergo an independent medical exam to show that your injuries were either caused by the accident or, in the case of preexisting injuries, made worse by the actions of the reckless driver.
Texas allows you to collect for different types of damages in car accident cases. Economic damages are fairly straightforward and entail money you either paid or lost as a result of the reckless driver. For example, you will need to provide evidence of your medical and rehabilitation expenses. You can also show the wages you lost either from missing work or from future employment that you may no longer be capable of performing based on the nature and extent of your injuries.
Non-economic damages are more complicated. This entails things like pain and suffering, loss of consortium (the inability to have sex with a partner), and mental anguish. This will require expert testimony to show the extent of your injuries and how they should be quantified for purposes of compensation.
While Texas requires all drivers to carry automobile insurance, the minimum amounts may make it difficult for you to collect for all of your injuries. Currently, a Texas driver can have as little as $30,000 per person for personal injuries with a $60,000 maximum per accident. This does not leave a great deal of money to cover your injuries. So, if this amount is insufficient, you may have to try to collect directly from the reckless driver. This can be a difficult task, which is why you will need professional legal assistance for your case.
Contact Our Houston Reckless Driving Accident Attorneys
Reckless driving accidents involve a layer of complexity that make them more difficult than standard traffic accidents. They can also entail more severe injuries. If you or a loved one are injured in a reckless driving accident, the experienced car and traffic accident lawyers at Hernandez Sunosky LLP will be able to assist you. Call us today for a free consultation.
Based in Kingwood, Hernandez Sunosky LLP serves clients in Houston, Atascocita, Humble, New Caney, Porter, Pearland, and across Texas. Our experienced personal injury attorneys are here to support you in your time of need, providing the guidance you require to seek justice and compensation.