If you have been injured in a car accident, you may be concerned about your next steps. Receiving injuries because of the negligent actions of others is understandably frustrating, and you likely have several questions. How is the fault for a person’s damages calculated? What compensation might you be able to receive? Is it possible for the other driver to face consequences? Where should you go with further questions?
At Kash Legal, we are familiar with all of these feelings and questions, but with our personal injury experience, we have assisted many clients through the legal process. If you want to know more about reckless driving accidents, allow us to break down everything you need.
In general, the fault for personal injury accidents—including car accidents caused by reckless drivers—is calculated in percentages. The percent of fault you receive after an accident may determine what portion of compensation you might be able to receive for your damages.
For example, suppose Party A is driving in the right-most lane toward an intersection and Party B is driving one lane to the left, slightly behind Party A. If Party B suddenly realizes that they want to make a right turn, they might change lanes without signaling or looking at their surroundings carefully. This may cause a collision with Party A’s vehicle. Depending on the specifics of the accident, fault will be allocated to each involved party.
If Party A was texting while driving, for instance, they might receive approximately 20 percent of the responsibility. Party B might receive the remaining 80 percent, meaning they may be responsible for compensating Party A for up to 80 percent of their damages. So if Party A incurred $100,000 in damages, Party B would be liable for up to $80,000 in compensation in some capacity. Note that other parties may also theoretically be responsible for car accident damages, including vehicle manufacturers, parts manufacturers, the city, or someone else. Any involved party can be assigned a percentage of fault.
There are many types of damages that you may experience in the aftermath of your accident, and you may be able to receive compensation for many or all of them. Some of these compensation areas might include the following:
Legal fees
Medical bills, including physical therapy, ambulance bills, hospital and emergency room treatment, and bills related to future treatments required
Product damage
Pain and suffering
Mental anguish
Loss of compensation
Loss of wage earning capacity
Wrongful death
Loss of consortium
A big part of proving your damages and the need for the compensation about your are asking for is understanding the extent of your injuries. For instance if your knee fractured verus if your knee’s damaged to the extent you can no longer walk or have limited mobility, the compensation you receive greatly depends on the medical procedues you need and will need in the future to address your knee injury.
If you are worried about covering costs following your accident, a qualified personal injury and car accident lawyer may be able to help. Your lawyer’s negotiation skills may be useful in analyzing your case’s cost potential, decreasing your level of fault, and maximizing your compensation.
Depending on the circumstances of an accident, the reckless and at-fault driver may be charged with a crime. In the case they are convicted, they could theoretically face some of the following penalties:
Driving record points
Suspended license
Fines
Jail time
Probation time
If you seek justice and want to increase safety on the road, taking legal action may be necessary.
In California, commercial drivers are held to a higher standard of care than non-commercial driver. A commercial driver’s entire career may be on the line if they do not drive safely at all times. In the event of a reckless driving accident, their commercial license if the driver is convicted of certain offenses. Reckless driving is a misdemeanor office that can cause the commercial driver their job. They may also face 5 to 90 days of jail and/or a fine between $145 and $1,000. A first violation committed in a commercial vehicle doesn’t automatically result in a CDL disqualification but if a second offense is committed withing three years it will result in 60 days CDL disqualification. A third violation withing three years will result in 120 days disqualification.
If you’ve suffered injuries because of the negligent actions of a reckless driver, a lawyer may be able to help you in several ways:
Legal knowledge
Negotiation skills
Handle insurance companies
Maximize compensation
Assist you in next steps
Refer you to medical professionals and other experts
Provide resources for more information
Reduce stress
If you’re planning on taking legal action, please avoid representing yourself. Your lawyer is far more likely to represent your case accurately, effectively, and favorably. Because of this, we highly recommend hiring an attorney to represent you.
We at Kash Legal are highly experienced in personal injury law, and we’ve been able to get the compensation our car accident clients rightfully deserve. Our legal team has received a number of awards for our high-quality results and delivery. We are dedicated to supporting our clients through every step of the legal process as well as show our commitment and commission when we work on their cases and settlements.
If you have any questions or would like to discuss the details of your case, we may be able to help. If you think we would be a good fit for your legal circumstances, please get into contact with us by calling (888) 527-4128 or completing our contact form.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
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