Tampa Reckless Driving Lawyer
We have all seen reckless driving as we travel Central Florida’s busy roads. Even when a police officer does not witness or ticket such driving, it is plain to anyone when a driver is not taking their legal obligation to operate their vehicle in a safe manner seriously. And too often, reckless driving leads to a car accident that kills or seriously injures other people.
If this describes your situation, the Tampa reckless driving lawyer at Anderson & Anderson is here to help. We are dedicated Florida personal injury lawyers who can represent you in seeking financial compensation following an accident. Whether you are looking to collect benefits under your own no-fault policy or pursue additional compensation against the reckless driver who caused your crash, we offer compassionate, professional representation.
Defining Reckless Driving in Tampa
Florida traffic laws state, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” Reckless driving is more than a traffic ticket. A first conviction can send a reckless driver to jail for up to 90 days for a first offense–and 6 months for a subsequent conviction.
In terms of civil liability, reckless driving is negligence. And when an auto accident leads to death or serious injury of another person, the victim or their family may seek compensation from the reckless driver through a personal injury lawsuit. Some common examples of reckless driving in this context include:
- driving under the influence of alcohol or drugs;
- distracted driving;
- weaving in and out of traffic;
- attempting to flee a law enforcement officer;
- excessive speeding;
- street racing;
- running a red light or stop sign;
- aggressive passing or overtaking of another vehicle;
- aggressive tailgating; and
- road rage.
It is important to note that a personal injury claim requires a much lower standard of proof than a criminal prosecution. So even if a reckless driver is never ticketed, arrested, or convicted of any crime, that does not let them off the hook when it comes to a civil lawsuit. Victims of reckless driving can still seek compensation for their own losses arising from any accident, including their medical bills, lost income, and pain and suffering.
At the same time, a defendant can try to argue the plaintiff was also engaged in reckless driving. Florida follows a modified comparative negligence rule in personal injury cases. This requires a judge or jury to apportion fault among all parties to a car accident. It is therefore possible for the court to find that both drivers were reckless. Even so, the plaintiff may still recover some damages from the defense, provided their share of the fault is no greater than 50 percent.
Contact Anderson & Anderson Today
Florida now has a 2-year statute of limitations for personal injury claims arising from car accidents. So if you have been harmed by a reckless driver, it is important not to delay in asserting your rights under the law. To speak with a skilled Tampa reckless driving lawyer, call Anderson & Anderson today at 813-251-0072 or contact us online to schedule an initial consultation.
