Reckless driving refers to someone operating a motor vehicle with a complete and wanton disregard for the safety of others on the road. That behavior, such as running red lights, driving under the influence, tailgating, and excessive speeding, can result in significant wrecks harming you or your loved ones.
Do not allow a reckless driver to cause you catastrophic injuries that leave you battling with physical pain while also struggling with mounting medical expenses and the inability to live your life as you used to.
To seek compensation for these losses, you may file a personal injury claim. Learn more about beginning an auto accident claim and what you can expect from the process.
Understanding Auto Accident Laws in Illinois
Illinois is a fault state when it comes to car accidents. If you get into a crash, you can recover losses by filing a claim against the other party’s insurance. To do so, however, you must show that you were not to blame for the collision. But what if you were only partly to blame for the crash?
Because Illinois has modified comparative negligence laws, as long as you hold less than 50% of the blame for the crash, you can still recover damages. The winnings will be reduced by your fault percentage, though.
When reckless driving is the conduct that led to the crash, you will need to prove that the other party was negligent, beginning with showing that they owed you a duty of care that they breached. Every driver on the road owes others the responsibility of driving safely and lawfully, so any reckless conduct breaches that duty of care.
You’ll then have to show that the other party’s actions led you to suffer losses for which you can be compensated. If you didn’t experience any injuries, you can’t file an injury claim.
Essential Evidence in Reckless Driving Accident Claims
To demonstrate that the other party was reckless in their conduct, you will need to gather extensive evidence. It’s important to have pictures and videos from the scene of the accident that show the condition of the vehicles as well as the severity of the injuries you suffered.
Make sure you get law enforcement to the scene and your injuries assessed by paramedics, so there are records to support your claim.
If there were eyewitnesses, you’ll want their statements. You may not be able to gather these yourself if you need to go to the hospital, so ask someone else to do so for you.
In especially complex cases involving a reckless driver, expert witnesses such as accident reconstruction specialists and engineers may be needed.
Damages Available in Reckless Driving Accident Claims
In a reckless driving claim, you can receive damages. These can be economic and non-economic.
Economic damages are financial losses you suffered because of the crash, including medical expenses. You can receive coverage for hospital stays, therapy, medication, and all other necessary treatments. If you need ongoing future medical treatment, economic damages encompass those costs, too.
It’s likely that you’ll miss days of work as you recover from your injuries and not earn the income you would have otherwise received. You can claim these losses as part of your economic damages. If the injuries are so severe that you won’t be able to return to work, you can claim damages for loss of earning potential.
However, some losses don’t come with a clear price tag. How do you measure the pain and emotional distress you’ve experienced because of the injuries you suffered? Non-economic damages strive to compensate you for these losses by considering the severity of the injuries and how long it will take you to recover from them.
If a loved one passes from a crash, you can also receive loss of consortium damages. These compensate you for the loss of support and companionship that you have experienced as a result of your loved one passing. This may also be possible if your spouse’s injuries are severe enough to where the injuries negatively impact your relationship with them.
Because these cases are complex and often involve serious injuries, consulting with an attorney on the damages you may be entitled to is vital to ensuring that you are made whole again.
Getting Assistance From Car Accident Lawyers
Have you sustained injuries in an accident that occurred because of a reckless driver? Hiring experienced and trusted attorneys can help you recover your losses and gain compensation that you deserve.
At the Law Offices of Glenn & West, LLC, we can help the people of Illinois. With offices located in Nokomis and Litchfield, we are easily accessible. We are willing to travel to meetings or offer remote appointments. Contact our team now for a free consultation.
