Speeding, failing to maintain a lane or operating a vehicle while under the influence of drugs or alcohol are common examples of reckless driving. If you are involved in an accident caused by a reckless driver, you may have grounds for legal action. In California, you typically have two years from the date of an accident to file a lawsuit.
If you want compensation in a motor vehicle accident case, you must first prove that the other driver acted in a negligent manner. This may be done by getting copies of cellphone records or toxicology reports taken after the crash occurred. These records may prove that the other driver was distracted or impaired in the moments prior to the crash, which would likely represent a breach of that party’s duty of care toward you. Other evidence may include statements made by the driver or by those who witnessed the crash take place.
Potential damages available in your case
In a car accident case, you may be entitled to compensation for medical bills, lost wages or mental anguish. You may also receive money to compensate for the loss of consortium with a spouse or the loss of a relationship with a child. This may apply if you are unable to teach your kid how to throw a football or read to your kid at night because of your injuries.
An accident may result in property damage as well as bodily injury regardless of how fast either car was traveling at the time of the wreck. Depending on the facts of the case, multiple parties may be liable for damages, and any passengers in your vehicle may be entitled to compensation if they are hurt because of another person’s irresponsible behavior.