Car Accident Claims: Proving Recklessness
Posted on Jul 29, 2013 12:20pm PDT
If you were involved in a car accident due to the negligence of another person on the road, there are a few avenues for which you will want to use to prove your claim. For example, if the officer at the scene found that the other driver was under the influence of alcohol, not only would they be arrested for breaking the law, but you could also sue them for financial compensation for your injuries in the accident. In some cases, your attorney may decide that pursing recklessness is actually the best option, as it can not only be the basis for the defendant to experienced civil legalities (your lawsuit) but also criminal charges for their actions (legal consequences).
When it comes to a car accident specifically, it is possible that a person’s actions far surpass that of negligence, and reach into the grounds of reckless. In essence this means that a person who was behind the wheel more than just not paying attention, but rather they were acting in such a way that demonstrated an utter disregard for the law or the safety of other people. If their actions were what caused your accident and subsequent injuries, there is a good chance that you may be able to pursue a lawsuit in order to obtain monetary compensation for your suffering. When seeking to prove the liability of a person responsible for an accident, there are four distinct categories that will be taken into consideration to determine the type of lawsuit that will arise.
The willfulness or intent of the action will be considered, in order to see whether he or she had the specific intent to do harm on the individual. Second, if a person’s actions are deemed as
recklessness, then this means that they were well aware of their actions and the potential for them to cause harm to another. The third category is considered as
negligence, which means that a person acted in a way that was contrary to what is expected (a violation of duty) and by doing so their actions caused an injury. Lastly,
strict liability is defined in unique situations as a means of holing a person responsible for their actions regardless of their current mental state.
When looking specifically at the second liability category, recklessness means that a person’s actions were likely to cause harm, they are not being accused of having he intent to cause harm. An example of this would be a teenage driver who has the need for speed. Perhaps they are trying to impress their friends and are speeding at dangerously high rates, and eventually cause an accident. While they knew that driving over the speed limit, let alone going 120 mph down the street would be dangerous, they did not intend for anyone to be hurt in the process. Despite his not having an intent to harm another person or persons, injury or death occurred as a result because of his lack of regard for the laws of the road and the safety of the people. Speeding is an action that essentially “gambles” with the life of those in the speeding car as well as anyone else on the streets at the time. If this occurs, the victims of the incident may be entitled to receive compensation for their injury.
If you or a loved one have been harmed in a car accident due to a reckless driver, please contact a car accident attorney in your area using our website. Don’t wait before it is too late to take action, contact legal representation today!