Orange County Reckless Driving Lawyer

Reckless driving is extremely dangerous for everyone on the road, including the reckless driver and their passengers. The term reckless driving includes (but is not limited to) things like speeding, weaving in and out of traffic, tailgating, intentionally skidding, and more. Each of these actions are intimidating and distracting to everyone else on the road, but beyond that, they likely mean that the reckless driver is operating their motor vehicle beyond their capacity, and quite possibly even the capacity of their vehicle.

It is never truly surprising to see someone driving way too fast on a highway, swerving lanes, using breakdown lanes to pass, and other reckless behavior pulled over up ahead, but when you are involved in an accident with a reckless driver you have every right to be extremely upset and frustrated. The car accident was not your fault, and you should not be responsible for the economic impact that this crash has on you.

We recognize and understand your frustration, and will be happy to help you fight for every dollar that you rightfully deserve after this type of crash. We will begin by handling negotiations directly with the insurance company, and if we are unable to reach an agreement that we believe is fair and compensatory, we will move forward to a full lawsuit in the California court system. Your recovery should be your top priority, and when you are working with the team at Timothy J. Ryan , you can focus on recovery with confidence, knowing that there is a dedicated group working to fight for your legal and financial wellbeing.

Preparing For Your Initial Consultation With a Personal Injury Lawyer

After you are involved with an accident, it is important that you start working with a personal injury attorney in Orange County as soon as possible. We offer an initial consultation so that you can speak directly to our team and get a good idea of how we will work with you, as well as how we have handled previous situations similar to your own. In order to get the most out of this consultation, we suggest that you take a few steps to prepare in order to maximize the time you have with us:

  • Compile all of the questions that you have over the days before you get on the call. This way, you can be sure that every question is answered and you do not get distracted or simply forget an important question until you are off the phone.
  • Collect your existing medical records and financial information. This way, we can get a ballpark idea of what you have already been through, and what we can expect for your recovery moving forward. This information will give us a good idea of the severity of your injuries.
  • Take notes of any steps that you have already taken. If you have already been working with an attorney, have made any agreements with an insurance company, signed any statements, or have taken any other steps that might impact the outcome of your case, it is important that we know this as soon as possible.

Calculating Damages After an Accident With a Reckless Driver

Once we are able to establish that it was, in fact, the reckless driving that caused the accident, we will then work to compile all of the damages that you have suffered and are entitled to compensation for, both economic and non-economic. Each of these designations has specific types of injuries and expenses associated with them, and together show the full amount of damages that you are owed. While there is no simple way to come up with the total without doing extensive work, here is a general idea of what is included in each:

Economic Damages

Economic damages include the things that have measurable financial impacts, such as medical costs, lost wages, short- and long-term disability, physical therapy costs, and anything else directly related to the accident and the associated injuries.

Non-Economic Damages

These damages are more abstract but equally important in your case. They seek compensation for the emotional, physical, and psychological damages that you have suffered and endured, both during and after your accident. These are typically calculated by using a multiplier to indicate the extent of the damage, which is then applied to the economic damages to reach a final dollar amount. Contact Orange County car accident attorney Timothy J. Ryan to receive a free consultation from an attorney that has helped recover more than $1 billion.

Frequently Asked Questions (FAQs) – Orange County Car Accident Attorney – Reckless Driving

Under California Vehicle Code § 23103, reckless driving is defined as driving a vehicle with a ‘willful or wanton disregard for the safety of persons or property.’ This is more than simple carelessness; it involves intentionally acting in a way that is highly likely to cause harm, such as street racing or weaving through heavy traffic at extreme speeds.

The key difference is the potential for punitive damages. In a normal negligence claim, you can only recover compensatory damages (for medical bills, lost wages, pain and suffering). Because reckless driving involves a conscious disregard for safety, it often meets the legal standard for malice, oppression, or fraud, allowing a victim to also seek punitive damages to punish the defendant.

Yes, it is often possible. To get punitive damages, you must prove by ‘clear and convincing evidence’ that the defendant acted with malice, oppression, or fraud. The act of intentionally engaging in highly dangerous driving behaviors like street racing or extreme speeding can meet this high standard, allowing for an award of punitive damages.

Strong evidence is crucial. This includes eyewitness testimony from other drivers, dashcam or surveillance video footage, the official police report (especially if it notes excessive speed or dangerous maneuvers), and testimony from an accident reconstruction expert who can analyze the physical evidence to demonstrate the driver’s extreme actions.

No. While a criminal conviction is very helpful (as it can establish negligence per se), it is not required. The standard of proof is lower in a civil case (‘preponderance of the evidence’) than in a criminal case (‘beyond a reasonable doubt’). You can still win your civil lawsuit and even punitive damages even if the driver is never charged or is acquitted in criminal court.

Common examples include street racing, driving at speeds far in excess of the speed limit, aggressively weaving through traffic, tailgating and brake-checking other drivers, intentionally running red lights, and driving on the wrong side of the road to pass other vehicles.

First, ensure you are safe and call 911. Tell the dispatcher about the driver’s dangerous behavior. If you can do so safely, try to get the license plate number. Gather contact information from any witnesses who saw the reckless driving. Seek immediate medical attention and contact a personal injury lawyer before speaking to any insurance companies.

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