Reckless, aggressive drivers frequently cause serious injuries to pedestrians and other motorists. In Texas, reckless driving is defined as driving a vehicle in a “willful or wanton disregard for the safety of persons or property,” according to Statute 545.401.
Leading Causes of Reckless Driving Accidents
Those guilty of reckless driving may be charged with a misdemeanor, but the criminal charge can be increased to a felony if someone is injured or killed due to the driver’s irresponsible behavior. Many traffic offenses may be considered reckless, including:
- Distracted driving
- Cutting off other vehicles
- Crossing over the yellow line into oncoming traffic
- Failure to yield at a stop light or stop sign
- Driving under the influence of alcohol or drugs
- Racing with other vehicles
- Weaving between lanes in traffic
- Road rage
- Falling asleep
- Cell phone use
- Illegally passing
Proof in a Reckless Driving Case
Your attorney can investigate the accident by obtaining police records, medical records, phone records, and depositions. Expert testimony by economists, employment consultants, and physicians can help to explain the physical and financial harm you’ve suffered. To file a claim against a reckless driver, three things must first be proven:
- The driver had a duty to avoid injuring you, which he failed to uphold.
- The driver’s failure to uphold that duty contributed directly to your injuries.
- You’ve suffered damages from those injuries.
Recovery in a Reckless Driving Case
Injuries caused by reckless driving can require a lengthy recovery and extensive medical treatment, and they are sometimes life-changing. Individuals injured by reckless drivers in Texas have the right to seek compensation for their losses. Texas civil law permits reckless driving victims to recover a variety of damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Permanent impairment
- Mental anguish
You Need an Attorney
Irresponsible drivers should be held accountable for the damage they have caused. If you’re the victim of a reckless driver, a vehicle accident attorney can help you pursue compensation for your injuries. To learn more, contact the Cain Law Firm by clicking the Live Chat button on this page.