Most personal injury matters involve issues of one driver being negligent while driving, leading to a car accident. Each driver is charged with a duty of care to drive reasonably and safely while on the road, and when one driver breaches that duty, an accident often occurs.
However, in situations where the other driver is habitually negligent, courts take consideration of these incidents when giving judgments to the injured party in a personal injury case.
We've asked attorney Alaina Sullivan about getting hit by this type of driver. Here is what she had to say:
The Negligence Standard
As stated above, every driver holds a duty of care to other drivers and pedestrians on or around the road. This duty is to act in a manner that is reasonable and cautious, ensuring the safety of those around the driver. When the driver breaches this duty, he or she is considered to be negligent.
Courts will look to this legal standard when determining fault in a car accident in all personal injury claims.
Frequent Negligent Acts
In this situation, the other driver has a track record of being frequently negligent, even to the point of recklessness. Previous acts of reckless driving that you pull up on the other driver will help you if you are trying to prove negligence or recklessness in this current situation.
If the other driver is trying to argue that he or she is a safe driver, you can use these previous incidents to show that they have a repeated pattern of negligence.
Frequent reckless driving incidents will also help you in seeking additional damages for your personal injury.
Punitive Damages
In situations where the at-fault driver is acting in a manner that is reckless and willful with knowledge that the actions he or she is taking is likely to lead to serious injury, courts will award more than just simple property or medical damages.
Sometimes damages are meant to punish the driver or deter future reckless conduct. These types of damages are otherwise known as punitive damages.
Many times, reckless infliction of emotional distress is added into these types of damages if the accident is particularly serious and you are suffering from emotional or mental trauma as a result.
Punitive damages can be quite high depending on the severity of the accident and are not normally awarded, which is why previous reckless behavior is important if you are seeking these damages.
You need to show that the driver was acting in a manner that had no regard to your safety or others on the road.
A rap sheet showing several incidents of road rage, drunk driving or reckless behavior will aid you in making this determination.
Contact an Attorney Today
If you have been involved in a car accident, it is always recommended you contact an attorney today to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
