If you’ve been in an accident with a reckless driver, you’re probably dealing with more than just damage to your car; you’re likely trying to figure out how to cope with immense pain, mounting medical bills, and an overall disruption to your daily life. There’s also the daunting question of how to prove that the other driver was at fault.
The truth is, holding a reckless driver accountable isn’t always as simple as it should be, though with the right steps, it is certainly possible. Texas law gives car accident victims legal avenues to pursue compensation for the financial losses they suffer and to protect their legal rights.
Understanding Reckless Driving
Reckless driving is much more than just doing so poorly; it involves someone getting behind the wheel and completely ignoring the safety of others.
Such behaviors include things like:
- Excessive speeding
- Running red lights or stop signs
- Tailgating
- Brake checking
- Aggressive lane changes
- Ignoring road signs
- Road rage
- Distracted driving
Any of these actions can make a car accident practically inevitable. And a reckless driving accident, in particular, is often violent, chaotic, and capable of leaving its victims with serious injuries.
Gathering Evidence of Reckless Behavior
Making a strong case against a reckless driver requires solid proof of what they did wrong. Following the crash, start collecting as much evidence as possible, if you can. The more you have, the harder it’ll be for the other driver and their insurance company to argue against you.
Eyewitnesses can be a huge help here. If anyone saw the incident or noticed the driver acting aggressively before it happened, their statement can carry genuine weight. Dashcam footage is also great to have if you can find it, as are traffic cam videos that show the moment of impact, the driver running a light, or speeding through an intersection.
Pictures of the crash scene can also help back up your version of events. Skid marks, debris, the location of the vehicles, and road signs are all elements that can help paint a clear picture as to what took place.
Police Reports and Citations
Right after an accident, make sure you call the police. In cases of reckless driving, the report from a responding officer can become an important piece of evidence for your case. It might include the officer’s observations, witness statements, and even an opinion on who caused the crash. All of that can help strengthen your car accident claim.
Additionally, if the officer on scene sees enough evidence to issue a citation, that’s a strong indicator of fault.
Establishing Negligence
Proving liability in a reckless driving case comes down to establishing negligence. That means you must prove these four statements:
- The other driver owed you a duty of care
- They breached that duty by driving recklessly
- Their actions directly caused the crash
- You suffered losses as a result of the accident
If you can clearly connect the driver’s reckless behavior to the outcome you’ve experienced, you’ve made your case. The thing is, connecting those dots takes more than just your word.
Expert Witness Testimony
In particularly serious or heavily disputed crashes, professional analyses can help prove fault.
Accident reconstruction specialists, for instance, can examine tire marks, car damage, and crash dynamics to explain how and why the crash occurred. They can also testify that the crash wouldn’t have happened had the other driver been following the rules of the road. These findings carry weight in court and with insurance companies, especially when the other driver tries to deny what happened.
Medical experts might also prove necessary to connect the crash to your injuries; they can show how the trauma lines up with the force and direction of the collision.
Fault Rules in Texas
Texas operates under a modified comparative fault rule, which means you, as an accident victim, can recover compensation as long as you’re less than 51% responsible for the crash. If you’re found to be in the majority of fault, you can’t recover anything.
Insurance Company Tactics
Texas’ fault rules are important to be aware of, as insurance companies love to twist the story and put some of the blame on you to reduce what they owe.
They might say you were speeding, too, or that you didn’t react quickly enough, even if the other driver was clearly reckless. They might downplay the other driver’s recklessness or say your injuries aren’t that serious, or they might question whether the crash even happened the way you say it did.
That’s why strong evidence is so important. It’s also a key reason why you shouldn’t go through the claims process alone.
Legal Help From an Experienced Attorney
A skilled car accident attorney can take the legal pressure off your shoulders and help you build a powerful case. They’ll find evidence, talk to witnesses, pull video footage, and bring in professionals when needed. They’ll also handle the insurance company so you don’t get tricked into settling for less than your case is worth. And if your case goes to trial, your lawyer will already have the foundation ready to prove the reckless driver’s liability.
FAQ
How Long Do I Have to File a Claim?
In most car accident cases, you have two years from the day of the crash to file a lawsuit.
How Long Does It Take to Resolve a Reckless Driving Case?
The timeline varies, but most cases settle within a few months to a year, depending on the complexity, evidence, and cooperation of the insurance company.
What Kind of Compensation Can I Recover?
Every case will be different, but most victims can collect payment for medical costs, lost wages, pain and suffering, and vehicle repair or replacement.
Get the Help You Deserve After a Crash
Don’t let a reckless driver walk away without facing the consequences. Ramsey Law Group is here to stand up for you and fight for every dollar you’re owed. Contact us for a free consultation for your case.