Our top car accident lawyers at Nelson Personal Injury, LLC, know all too well the overwhelming consequences of being hurt in a car crash. We also understand the importance of pursuing justice and holding wrongdoers accountable for their actions.
If you were hurt in a crash caused by a reckless driver, it is only right that you receive fair compensation for your injuries. Not only will our experienced personal injury lawyers help you secure financial compensation for your damages, but we will also work to hold the reckless driver accountable and, hopefully, prevent them from causing future accidents.
Reckless Actions that Lead to Car Crashes
There are several types of reckless driving behaviors that can cause car accidents to occur. Some of the most common include:
Distracted Driving
Distracted driving is anything that takes a driver’s attention off the road. In recent years, distracted driving has become one of the leading causes of car accidents. Many drivers choose to eat, text, reach for objects in the back seat, or engage in other distracting activities. A moment of inattention can have severe consequences for others on the road.
Driving Under the Influence
Driving under the influence of alcohol, drugs, or other medications can cause impaired judgment, reduced reaction time, and impaired coordination. Unfortunately, all of these factors significantly increase the likelihood of being involved in a car crash.
Speeding
Speeding occurs when drivers operate their vehicle in excess of the posted speed limit, or operate their vehicle at speeds that are unsafe for the road conditions. When drivers exceed the speed limit, they are putting themselves at risk and potentially endangering everyone else on the road. Speeding can also increase the severity of collisions due to a heightened force of impact.
Failing to Follow Traffic Laws or Signals
Traffic laws exist for a reason – to keep everyone safe on the roads. When drivers ignore traffic laws, they are putting themselves and others at risk of serious accidents. From failing to yield right-of-way to illegal U-turns, these actions can have devastating consequences in the blink of an eye.
Neglecting Vehicle Maintenance
Many car crashes could be prevented if drivers took the time to check and maintain their vehicles regularly. Regularly checking tire pressure, oil levels, brake pads, headlights, and windshield wipers can prevent accidents. Negligent vehicle maintenance can lead to brake failures, tire blowouts, reduced visibility, and other issues that lead to collisions.
Tailgating
When a driver tailgates, they are driving too closely behind the vehicle ahead, leaving very little room for reaction time in case of sudden stops or emergencies.
This reckless act puts a driver’s life at risk and endangers the lives of others on the road. It creates a domino effect where one wrong move by either party can result in a collision with devastating consequences.
Taking Legal Action
A reckless driver can be held accountable for their actions in several ways. Depending on the action, criminal penalties may be brought by local county and city attorneys.
Minnesota law defines reckless driving as operating a vehicle with willful or wanton disregard for the safety of persons or property. Reckless driving is a severe offense that can result in fines, license suspension, or jail time. The legal consequences aim to deter individuals from engaging in risky behaviors behind the wheel that put others at risk.
Reckless and careless drivers may also be held liable through the civil system, and be held responsible for compensating any injured parties for their medical expenses, wage loss, and pain and suffering.
If you were harmed in an accident with a reckless driver, our Minnesota personal injury attorneys can help you pursue a personal injury claim through the civil system.
Proving Negligence
To hold a reckless driver accountable through a personal injury claim, you must be able to demonstrate that they were negligent in the operation of their vehicle. Proving negligence is done by proving the following four elements.
Duty of Care
To establish negligence in a personal injury claim, it is necessary to prove that the defendant owed a duty of care to you. This duty of care is established based on the relationship between the parties. For example, drivers on the road owe a duty of care to other drivers, pedestrians, and cyclists.
Breach of Duty
Once you demonstrate a duty of care existed, the next step is to demonstrate that the defendant breached this duty. The breach refers to a defendant acting in a way that an ordinary or reasonable person in his or her shoes would not have acted. In essence, you have to prove that the defendant acted unreasonably, or failed to take reasonable action.
Causation
The third element in proving negligence in a personal injury claim is causation. This requires demonstrating that the defendant’s breach of duty of care was the direct and proximate cause of the plaintiff’s injuries. In other words, you would not have been harmed without the defendant’s actions. This can be established by showing a direct connection between the breach and the injury.
Damages
The final element of negligence in a personal injury claim is damages. These damages compensate you for the physical, emotional, and financial harm caused by the defendant’s negligence. This can include medical expenses, lost wages, pain and suffering, and emotional distress.
Our top car accident lawyers will use strong evidence to prove the negligent actions that caused your accident.
Getting Compensation for Damages
Our Minnesota personal injury attorneys will help you prove your lawsuit against the reckless driver to recover compensation for your damages. This includes recovering:
- Medical expenses
- Lost wages and future earnings
- Pain and suffering
- Emotional distress
- Loss of consortium
- Property damage
Contact our Minnesota personal injury attorneys today to get started.
Call Top Car Accident Lawyers Today
Our Minnesota personal injury attorneys at Nelson Personal Injury, LLC will handle the details of your case so you can focus on your recovery. Schedule a free consultation with our team now.
