Reckless driving may increase the risk of a car accident that results in property damage, bodily injury and death. If you are hurt in an accident caused by a reckless driver, you may be entitled to compensation for various damages. A case may be resolved through a settlement or inside a West Virginia courtroom.
Defining reckless driving
Reckless driving is generally defined as any action taken with a wanton disregard for the health and safety of other people. For instance, driving while under the influence of drugs or alcohol is typically considered to be reckless because it is almost impossible to drive safely while impaired. Driving at an excessive rate of speed may also be considered to be a reckless act.
Proving reckless driving occurred
To obtain compensation in a motor vehicle accident case, you must be able to prove that the defendant acted in a reckless manner. You may be able to do so by introducing toxicology reports or cellphone records into evidence. Toxicology reports may help prove that the defendant was impaired at the time of the wreck while cellphone records may prove that a driver was distracted when the crash happened.
Damages you may be entitled to
The defendant in your case may be liable for paying any medical bills that you incurred because of that party’s reckless behavior. It may be necessary to have surgery, take medication or work with a mental health professional to fully heal from the physical or mental wounds that an accident may cause. You may also recoup lost wages, lost future earnings or other losses incurred in a crash caused by a reckless driver. Depending on the facts of the case, other parties may also be named as defendants.
A motor vehicle accident may cause a concussion, broken bones or other serious injuries. Ideally, you’ll seek treatment as quickly as possible after a wreck even if you feel fine. You generally have two years from the date of an accident to file a lawsuit in a West Virginia court.