In Florida, reckless driving is a crime for which a defendant can face substantial fines as well as jail time, depending on the circumstances. When someone engages in reckless driving in a residential area, the potential for seriously harming another person increases exponentially. If a victim is injured by a reckless driver’s actions, he or she may be entitled to compensation in a civil lawsuit. The Miami car accidents at the Law Offices of Robert Dixon represent victims harmed by a driver’s reckless behavior in neighborhoods. We are dedicated to making sure that unsafe drivers are held responsible for the harm that they cause.
Pursuing Damages for Reckless Driving in Residential AreasQuiet, residential areas are places where children go outside to play, bicyclists feel at ease riding through, and others enjoy the outdoors without worrying about cars zooming past at fast speeds. Under Florida law, reckless driving is defined as a defendant driving a motor vehicle with a willful or wanton disregard for the safety of persons or property around them. In other words, the driver must have acted intentionally, knowingly, and purposely, or with a conscious and intentional indifference to the consequences of his or her actions, as well as the knowledge that harm to people or property was likely. Some speeding or erratic driving through a residential area can lead to not only property damage but also serious, sometimes life-threatening injuries.
In the criminal system, a prosecutor must show more than negligent behavior on behalf of a driver to establish guilt, but civil claims are held to a lesser standard. Thus, even if a driver is not found guilty in criminal proceedings, he or she can potentially still be held liable in civil court. To establish negligence, an injured plaintiff would need to show that the defendant breached his or her duty of care to act as a reasonable and prudent person would have behaved under similar circumstances. The plaintiff must also show that the breach was a proximate cause of his or her injuries and that damages resulted. If a driver is traveling at very fast speeds through a residential area and strikes a pedestrian or another motorist, causing an injury, that driver likely could be held financially liable in a personal injury lawsuit.
Although the damages awarded in each case are different depending on the circumstances, some of the most common forms of financial compensation include past and future medical costs, pain and suffering, lost income, loss of earning capacity, and property damage. If a victim dies in one of these accidents, certain family members may file a wrongful death action in order to be compensated for funeral and burial expenses as well as loss of consortium damages. In Florida, the timing of these types of cases is very important, since the statute of limitations for personal injury lawsuits is four years from the date of the injury, and wrongful death claims must be filed within two years of the victim’s death.
Contact a Knowledgeable Miami Attorney for Your Car Accident ClaimIf you have been injured or lost a loved one due to a reckless driver, the Miami car accident lawyers at the Law Offices of Robert Dixon offer experienced guidance throughout the legal process. We understand that pursuing court action may be the furthest thing from your mind when you are dealing with the aftermath of a serious accident, but timing may be important to ensure that your legal rights are protected. Call 877.499.4878 or contact us online for a free, no-obligation consultation with a motor vehicle collision attorney. We also represent victims in Miami, West Palm Beach, and other cities throughout Miami-Dade, Broward, and Palm Beach Counties.