Reckless Driving

reckless driving in texas

Were you injured in an accident caused by a reckless driver? What exactly constitutes reckless driving, and how can you hold a reckless driver accountable? These are essential questions that you might be asking if you are struggling to recover from significant injuries caused by a reckless driver. If the crash occurred in the San Antonio area, Law Offices of Troy A. Brookover can answer your questions and help you pursue accountability from the person who caused your injuries.

Texas law defines reckless driving as driving a vehicle in “willful or wanton disregard for the safety of persons or property.” Reckless driving is a criminal charge that carries penalties such as a fine and jail time upon conviction. Based on the facts of the accident, the San Antonio police may charge a driver with reckless driving. But a criminal conviction won’t help you pay your medical bills if you were injured. You will need to file a separate personal injury claim against the reckless driver to hold the driver financially accountable. By filing a personal injury lawsuit, you may seek compensation from the at-fault driver’s liability insurance for your medical expenses, lost wages, pain, suffering, and more.

San Antonio car accident attorney Troy A. Brookover has more than 30 years of experience representing accident victims. He has handled thousands of cases and recovered millions of dollars for victims of car accidents, truck accidents, and more. He and his team understand the devastating impacts that reckless driving accidents have on victims. Serious injuries can disrupt your life and the lives of your loved ones.

Do not let a reckless driver get away with the harm they caused you. Contact Law Offices of Troy A. Brookover today for a free consultation. We will review your accident and discuss your legal options at no charge. We treat each client with one-on-one attention and offer exceptional service. Call to speak to a compassionate attorney.

What To Do If You Are a Victim of a Reckless Driver

If a reckless driver has injured you, you should take certain steps afterward to protect yourself and safeguard your rights.

  • Call 911– You should call 911 to report the reckless driving accident. Texas law requires you to report an accident that causes injuries, death, or $1,000 or more in property damage. The police who respond to the scene will produce an accident report that will be helpful if you need to file a car accident claim later.
  • Gather evidence at the scene– While waiting for the police to arrive, you should gather evidence at the accident scene if you are able. Take photos and videos of the area where the crash occurred showing the position of the vehicles and damage. Get the name and contact information of the other driver or drivers involved in the accident. Write down your experience while it’s still fresh in your mind.
  • Get medical attention– No matter how you feel, seek medical attention immediately after a reckless driving accident. Injuries that seem minor at first can worsen quickly if not properly diagnosed and treated. Furthermore, you need a medical record of your injuries if you need to file a personal injury claim.
  • Consult a personal attorney– You need to understand your legal rights and whether filing an injury claim against the at-fault driver is appropriate in your situation. Contact a San Antonio personal injury attorney with experience holding reckless drivers accountable. An attorney At Law Offices of Troy A. Brookover can handle your claim and improve your chances of getting full compensation for your injuries and other accident-related losses.

Most Common Injuries After a Reckless Driving Accident

Because of their dangerous nature, reckless driving accidents can result in severe injuries for the victims such as:

Most Common Causes of Reckless Driving Accidents

Reckless driving accidents are definitionally the result of a motorist’s negligence. Examples of reckless driving behaviors include:

  • Excessive speeding
  • Tailgating
  • Road rage
  • Racing
  • Running a red light or stop sign
  • Weaving in and out of traffic
  • Driving while under the influence of drugs, alcohol, or medication
  • Evading the police
  • Improper passing
  • Failing to stop for pedestrians
  • Passing a stopped school bus

Pursuing Compensation After a Reckless Driving Accident

Reckless driving accidents can leave victims with thousands of dollars in medical expenses and weeks or months of pain and suffering. With the help of a personal injury attorney, reckless driving accident victims may be able to recover compensation from the at-fault driver. Under Texas law, you can seek compensation from a negligent party for your economic and non-economic losses, including:

  • Current and future medical expenses, including emergency care, surgery, physical therapy, medications, medical supplies, medical equipment, and transportation to appointments
  • Lost wages for time missed at work due to your injuries
  • Loss of future earning capacity if you are unable to return to work or have reduced earning capacity because of a disability
  • Physical pain and suffering
  • Mental or emotional pain or anguish
  • Loss of consortium
  • Disfigurement
  • Physical impairment
  • Loss of companionship and society
  • Loss of enjoyment of life

In some cases, reckless driving accident victims may be awarded exemplary damages, which are meant to punish the at-fault driver and deter future similar behavior. As a general rule, exemplary damages may be awarded in cases of:

  • Gross negligence – An act or omission which would knowingly cause extreme risk of harm to others with indifference to their rights, safety, or welfare
  • Malice – The specific intent to cause substantial injury or harm

The injury victim must provide clear and convincing evidence of the at-fault driver’s egregious actions. Furthermore, exemplary damages can only be awarded in cases that go to trial in which the jury’s decision was unanimous, and there are caps on the amount of exemplary damages that a jury can award. Generally speaking, exemplary damages are only available in special circumstances involving outrageous conduct.  When reviewing the circumstances of your injury, we can evaluate whether you may be entitled to seek exemplary damages as part of a personal injury claim against a reckless driver.

Proving Liability in a Reckless Driving Accident

To recover compensation, you need to prove that the reckless driver was at-fault or liable for the accident that caused your injuries and associated losses.

A personal injury attorney can investigate the accident and gather evidence to prove liability. When we handle a reckless driving accident case At Law Offices of Troy A. Brookover, we take the following actions:

  • Gather photos and videos of the accident scene, including those captured by nearby traffic cameras and surveillance cameras
  • Review the police officer’s crash report
  • Seek records on the at-fault driver, such as cell phone records if distracted driving is suspected
  • Identify and interview eyewitnesses to the accident
  • Reconstruct the accident scene if necessary
  • Determine fault
  • Quantify the victim’s economic and non-economic losses

As you can see, proving liability is complicated and often takes a number of months. That is why you need to act quickly to protect your rights. Under Texas’s statute of limitations, you have two years to file a personal injury lawsuit after an accident. Two years may sound like a long time, but time can pass quickly when seeking evidence to build a liability case against a reckless driver. Consult with an experienced car accident attorney as soon as possible after the accident so evidence can be located and preserved before it is lost.

You may wonder if a reckless driving conviction will affect your case. You may pursue a personal injury claim regardless of whether the driver is convicted of reckless driving. A criminal case is entirely separate from a personal injury case, which is a civil case. Regardless of whether the reckless driver faces criminal charges, an experienced personal injury attorney can help you hold the at-fault driver financially accountable.

Schedule a Free Case Review with an Experienced Car Accident Attorney

If you were injured in an accident in the San Antonio area caused by a reckless driver, Law Offices of Troy A. Brookover can help you pursue compensation from the at-fault driver. Our legal team understands the financial, physical, and mental toll these terrible accidents can place on victims. We are ready to fight for justice for you. Contact us today for a free case review.