How Can I Recover Compensation for Injuries Sustained in an Accident Caused by a Reckless Driver?

 Posted on October 13, 2020 in Car Accident

According to Illinois law, driving with a “willful or wanton disregard” for others’ safety is considered reckless driving. Unlike speeding or other minor traffic infractions, reckless driving is a criminal offense. If you were or a loved one were hurt in a car accident caused by a reckless driver, you may be eligible for financial compensation. The type of compensation you may be entitled to will depend on the circumstances of the accident, the severity of your injuries, and the costs incurred by these injuries.

Establishing the Reckless Driver’s Negligence

Criminal charges may bring a reckless driver to justice, but they do not provide restitution to the parties injured by the reckless driver’s actions. If your car accident was caused by a driver who was charged with reckless driving, you may bring a civil claim for damages against the driver in addition to the criminal charges he or she faces. However, a criminal conviction is not needed to recover compensation through a civil claim. You may still be entitled to financial compensation even if the driver was not charged or convicted of reckless driving.

To obtain compensation, you and your attorney will need to prove that:

• The driver owed you a duty of care.
• The driver breached this duty by driving recklessly or negligently.
• You or your loved one suffered injuries as a result of the driver’s conduct.
• You or your loved one sustained damages as a result of the injuries.

All drivers have a legal duty to drive safely and within the bounds of the law. Witness testimony, event data recorders, photographs of the accident scene, accident reconstruction, and police reports may all be used to establish the driver’s negligence.

Damages You May Be Entitled to Collect

Damages are the economic and noneconomic costs caused by a personal injury. Through your injury claim, you may be entitled to compensation for:

• Medical expenses, including ongoing medical needs such as prescription pain medication
• Lost income from the time you spent off of work
• Any reduction to your ability to earn income
• Pain and suffering
• Vehicle damage

If the other driver’s actions were particularly egregious, you may also be able to receive punitive damages. Punitive damages are additional compensation awarded to the victim that is intended to punish a defendant for conduct that was malicious or grossly negligent.

Contact a Schaumburg Car Accident Lawyer

If you or a loved one were injured in a car accident caused by a reckless driver, you may be entitled to financial compensation. Contact an experienced Arlington Heights personal injury attorney from Newland & Newland LLP for help. Call our office today at 847-797-8000 and schedule a free, confidential phone consultation to learn more.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503