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Abels & Annes, P.C. Personal Injury Blog

A Reckless Driver Hit Me in Phoenix, Now What?

Reckless driving in and around Phoenix, Arizona, means unreasonably operating a motor vehicle. When drivers operate their vehicles carelessly, they increase the chances of a serious accident with another motor vehicle or with a pedestrian. In fact, according to recent statistics from the National Highway Traffic Safety Administration (NHTSA), reckless driving is one of the most common causes of serious traffic accidents that occur nationwide.

Reckless driving can occur on any roadway, but accidents caused by reckless drivers are especially common on busy highways, including I-40, I-410, I-510, and I-710, which are all located in the Phoenix area. This is because these interstate highways are extremely busy, and the more vehicles there are on a roadway, the greater your chances of being in a reckless driving collision.

If you or someone you care about has suffered an injury in an accident that occurred because of a reckless driver, you have legal options that are available to you. As soon as possible after your accident, you should seek medical care and treatment for your injuries. You should also speak with a knowledgeable Phoenix reckless driving attorney in your area as soon as possible.

A knowledgeable attorney will handle all of the legal aspects of your case while you focus your energies on recovering from your injuries and getting all of the medical treatment you need. A lawyer can also begin gathering all of your medical treatment records and other documentation.

Finally, once you have completed your medical treatment, your lawyer can help you pursue a favorable monetary settlement for the injuries you suffered in your reckless driving accident. If the reckless driver’s insurance company refuses to compensate you fairly for your injuries, your lawyer can then file a lawsuit and litigate the case in court.

What Is Reckless Driving?

Reckless driving occurs when a motor vehicle operator fails to operate his or her vehicle in a prudent, safe, and careful manner. Reckless driving can occur on a highway or other roadway and in a parking lot, parking garage, or another area where a driver operates his or her vehicle.

In some cases, the driver might be failing to give sufficient attention to the road while he or she is driving. At other times, reckless driving may involve disobeying a traffic law or regulation on the books, resulting in an accident. Some of the more common types of reckless driving that occur on Phoenix highways, roadways, parking lots, and parking garages include the following:

Disobeying the Rules of the Road

The purpose of having traffic laws on the books, including speed limits and right-of-way laws, is to keep motor vehicle drivers and their passengers safe. However, when motor vehicle drivers violate these road rules, they often increase the chances that they will cause a severe accident.

Violating the laws of the road includes:

  • Speeding.
  • Weaving in and out of traffic.
  • Failing to use a turn signal.
  • Failing to yield the right-of-way when it’s appropriate to do so.
  • Running a red light or stop sign.
  • Failing to use side-view and rearview mirrors (especially when backing out of a parking space in a parking garage or parking lot).
  • Tailgating other drivers.

All of these actions and inactions are road rule violations and constitute reckless driving.

Distracted Driving

A motor vehicle operator engages in distracted driving when he or she fails to give sufficient attention to the road when operating a vehicle. For example, the driver might make a phone call without using an approved hands-free Bluetooth device or using another electronic device like a tablet. The driver might also be listening to loud music in the car, roughhousing with other motor vehicle occupants, or disciplining a young child in the back seat of the car. Even when a driver diverts his or her attention away from the roadway for a second or two, that amounts to reckless driving—and a serious collision can happen as a result.

In addition to these common types of reckless driving, drunk or intoxicated driving can also result in a serious accident. The law considers motor vehicle operators who operate their vehicles with a blood alcohol concentration (BAC) of 0.08 percent or higher to be intoxicated per se.

However, even drivers with a lower BAC can be impaired. As a result, their reaction time might be slower, their vision might become blurry, or they can otherwise operate their vehicles recklessly or carelessly. All of these can lead to a serious accident in which one or more people suffer injuries.

If you have suffered an injury in an auto accident that resulted from reckless or careless driving, a knowledgeable Phoenix reckless driving attorney can assist. An experienced attorney can meet with you to discuss how the accident happened and exactly what occurred. Your lawyer can then file a claim or lawsuit on your behalf, seeking the monetary compensation that you need for your injuries.

Types of Accidents That Can Happen Due to Reckless Driving

When motor drivers operate their vehicles recklessly, many types of accidents can occur. One common type of accident that might result from reckless driving is a rear-end collision. These accidents occur when the front of one vehicle collides with the rear of another vehicle. Rear-end crashes typically happen when a driver is speeding or driving too fast for the traffic conditions and cannot stop in time to avoid colliding with another vehicle.

They also sometimes occur when a driver does not pay attention to the road.

Other accidents that result from reckless driving include T-bone accidents and head-on collisions. T-bone accidents, common at the many traffic intersections in Downtown Phoenix, occur when the front of one vehicle collides directly with the side of another vehicle. These accidents often occur when a driver is trying to beat a yellow or red traffic light to get through an intersection quickly.

Finally, a head-on collision—common on dual-lane highways or roadways—occurs when the front of one vehicle strikes another vehicle. These accidents often happen when a driver is distracted and looks away from the road for a short period. Consequently, the driver may drift over into the other travel lane (such as where traffic is traveling in the opposite direction), causing a serious and sometimes fatal accident.

If you have been in one of these types of accidents that resulted from reckless driving, a knowledgeable reckless driving attorney in Phoenix can assist. Your attorney can investigate how your accident happened, and if necessary, retain an accident reconstructionist or other expert to testify in your car accident case. Your lawyer can then explain your legal options for moving forward and pursuing monetary compensation for your injuries.

Common Injuries the Can Result From Reckless Driving Accidents

Whenever a motor vehicle driver operates his or her vehicle in an improper, reckless, or careless manner, the chances are good that a serious accident will result. These types of accidents, in turn, can lead to equally serious injuries. When a reckless driver injures another person, the accident victim might need to seek various types of medical treatment. For example, he or she may need to follow up at a hospital emergency room or urgent care center for examinations, tests, and X-rays or MRI scans.

Following the emergency room or urgent care visit, the accident victim may need to seek treatment with a family doctor or a specialist for his or her injuries. Depending upon the seriousness of the injury or injuries suffered in the reckless driving accident, the accident victim might need to undergo a medical procedure, such as surgery, to correct the problem. Finally, accident victims often need to attend physical and/or occupational therapy sessions to get themselves back to normal.

Some of the most common injuries that victims of reckless driving accidents sustain include whiplash, traumatic head or brain injuries,soft tissue contusions, and spinal cord injuries. If you have suffered one or more of these injuries in an accident that occurred because of reckless driving, you need a lawyer who is ready to represent you from the beginning to the end of your case.

A knowledgeable Phoenix car accident attorney will make it a priority to pursue a claim or lawsuit seeking the monetary benefits and compensation that you need. Your lawyer can do this by pursuing a favorable settlement on your behalf, and if necessary, filing a lawsuit and litigating the case in the Arizona state court system.

What Do I Need to Prove in a Phoenix Reckless Driving Accident Case?

To recover monetary compensation for the injuries you suffered in your reckless driving accident, you must satisfy the legal burden of proof. In other words, the accident victim is responsible for proving each element of the claim by a preponderance of the evidence (in other words, proving that it is more likely to be true than not true).

In terms of legal elements that you must prove in a motor vehicle accident case, the accident victim must first show that the other driver deviated from the standard of care by operating his or her vehicle unreasonably and recklessly under the circumstances. In other words, the driver must have violated a rule of the road, engaged in distracted driving, or done something else that deviated from the reasonableness standard of care.

In addition, the accident victim must demonstrate that the car accident occurred because the driver operated his or her vehicle recklessly. Finally, the accident victim must show that he or she suffered at least one injury in the accident and that the injury or injuries resulted from the accident.

To be successful and recover monetary compensation and damages in a car accident case, the accident victim must successfully satisfy all of these legal elements. A knowledgeable Phoenix car accident attorney near you can assist you with proving all of the legal elements of your case and fight to recover monetary compensation for the injuries you suffered.

Recoverable Damages in Reckless Driving Accident Cases

Suppose you can meet your legal burden of proof as an accident victim. In that case, you might be eligible to recover monetary compensation for the injuries you suffered in the form of damages. Not all personal injury accident cases are the same. Some accident victims suffer more serious injuries than others, and some accidents themselves are more serious than others.

The amount of compensation that you will be eligible to recover depends upon the exact injuries you sustained in your accident, the cost of your medical treatment, and whether or not you suffered a permanent injury in the accident.

Car accident victims commonly receive compensation for medical expenses, lost earnings, loss of earning capacity, pain and suffering, permanency, inconvenience, mental distress, loss of the ability to use a body part, and loss of enjoyment of life.

A knowledgeable Phoenix reckless driving lawyer will explain your eligibility for all of these types of damages and will pursue the compensation you deserve from the reckless driver’s insurance company. If the insurance company does not offer you fair and full compensation, your attorney can litigate the case in the court system by filing a lawsuit on your behalf.

Talk with a Knowledgeable Phoenix Reckless Driving Accident Lawyer Today

Phoenix Auto Injury Lawyer Dave Abels
Dave Abels, Phoenix Car Accident Lawyer

If you suffered an injury in a Phoenix car accident caused by a reckless driver, you should seek out legal assistance as fast as possible.

Your lawyer can immediately begin investigating your case and preparing it for settlement or litigation in the courts.

Reckless driving makes the city’s streets more dangerous for everyone, and such drivers should be fully accountable for the harm and losses they cause. Never hesitate to seek the legal help you need following a reckless driving crash.

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Phoenix, AZ 85014

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