New York law imposes a duty on all licensed motorists to operate their vehicles safely and responsibly. Some drivers ignore this responsibility, though, and drive in a manner that is so dangerous and careless that it constitutes recklessness. Reckless drivers frequently cause accidents, and innocent people involved in such crashes often suffer significant injuries. If you were hurt in a collision caused by reckless driving, you may be owed compensation, and it is important to contact an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our knowledgeable Syracuse personal injury attorneys know what it takes to prove liability car crash cases, and if we represent you, we will develop compelling arguments in favor of your recovery of damages. We regularly represent people in lawsuits arising out of reckless driving accidents in Syracuse, as well as in Rochester and cities throughout Upstate New York.
New York Law Regarding Reckless DrivingNew York law expressly prohibits reckless driving. Specifically, Section 1212 of the New York Vehicle and Traffic Law expressly provides that operating a motor vehicle or any powered vehicle on public highways in a manner that unreasonably disrupts or jeopardizes the safety of other people on the road constitutes reckless driving. Section 1212 expressly prohibits such behavior. People found guilty of causing reckless driving accidents may face misdemeanor charges and may face civil liability for any harm they cause.
Recovering Damages for Reckless Driving AccidentsCrashes brought about by reckless driving often cause serious injuries that cause physical, emotional, and economic harm. In many instances, people hurt in such collisions will pursue compensation for their losses from the drivers responsible for the accidents.
To recover damages in a case arising out of a car crash, a plaintiff typically must prove that the defendant was negligent. Under New York law, this means that the plaintiff has to show that the defendant owed the plaintiff a duty and that the defendant acted in a manner that demonstrates a departure from the duty owed. Usually, the duty owed is the obligation to exercise the care that a reasonable person would use in a similar situation. The plaintiff also has to prove that the defendant’s breach proximately caused the subject crash, which means that it would not have occurred absent the breach. Finally, the plaintiff has to establish they sustained actual damages as a result of the breach.
Defendants in lawsuits arising out of collisions caused by reckless driving will frequently deny liability. Thus, a plaintiff may have to rely on circumstantial evidence such as eyewitness accounts, cell phone records, and surveillance videos to prove that the defendant was operating their vehicle in an unsafe when the collision occurred. Additionally, in cases in which the defendant was cited for distracted driving, the plaintiff may be able to use the citation as evidence of the defendant’s negligence.
Damages Recoverable in Cases Arising Out of Reckless Driving AccidentsA plaintiff who successfully proves a defendant’s liability may be awarded the cost of any necessary medical treatment, including physical therapy, hospitalization, prescription medication, and out-of-pocket expenses. A plaintiff who could not work because of injuries sustained in a crash may also be awarded lost wages. In addition to damages for economic losses caused by an accident, a plaintiff may also be awarded compensation for the suffering, pain, and emotional anguish caused by the crash. If the plaintiff was married at the time of the collision, their spouse may be able to recover damages as well.
Talk to an Assertive Personal Injury Attorney in Syracuse, Rochester, or Upstate New YorkDrivers who fail to operate vehicles safely are prone to causing accidents, and they should be held accountable for their carelessness. If you were injured in a crash caused by a reckless driver, you have the right to seek damages for your losses, and you should speak to a lawyer as soon as possible. The assertive Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are dedicated to aiding people harmed by others’ negligence in the pursuit of compensation, and if you hire us, we will zealously pursue any damages you may be owed. Our main office is located in Syracuse, and we frequently handle car accident cases in Syracuse, Rochester, and other cities in Upstate New York. You can reach us to arrange a free and confidential meeting by using our online form or by calling us at 833-200-2000.