Claims Against Reckless Drivers Attorney
Serving Kansas City, Independence, Blue Springs & Lee’s Summit
When it comes to motor vehicle accidents, the two most common claims Horn Law handles are cases caused by (1) an inattentive /distracted driver; or (2) a driver who has caused an accident because of reckless driving. In our experience, most reckless drivers display evidence of the following:
- Excessive Speed
- Violation of Traffic Control Devices
- Lane Changes at Highway Speed
- Road Rage
The highest form of reckless driving involves drivers who are operating a motor vehicle, including a motor boat, under the influence of drugs or alcohol. Drivers who engage in reckless behavior can be held accountable for punitive damages if they cause an accident which injures someone.
Legal Investigation of Reckless or Aggressive Driving Accidents
There are important legal considerations when it comes to reckless and aggressive drivers who cause injury and fatalities. First, legal consultation is especially important at an early stage in order that investigations and insurance coverage issues can be resolved.
1. Highway Patrol / Police Department Accident Reports
Official Motor Vehicle Accident reports usually contain important information that can lead to evidence of reckless or aggressive driving. In many cases, Law Enforcement Officers report on “probable contributing circumstances” to the accident. Additionally, Official reports often contain diagrams, witness statements and other post-accident information that can be important in establishing the rate of speed at the time of impact. This information is vital to our experts, including experts in the field of Accident Reconstruction.
Occasionally, there is important information left out of the Accident Report relating to the collision. It is important that we, as your attorneys, know about these omissions in order that we can take proper steps to establish the case against a negligent driver.
2. State Driving Records
One of the first parts of our legal investigations will be to obtain the driving records of those drivers responsible for the collision. As you can imagine, these driving records can be very revealing. In fact, many reckless drivers have a history of poor driving that shows all types of past traffic violations, including driver’s license suspension.
3. Insurance Coverage Issues
It is not uncommon to have a case where a negligent or reckless driver does not have insurance coverage on the vehicle they are driving at the time of the collision. In these instances, it is important to consult with Horn Law as soon as possible. We can explain the law and how it impacts your ability to receive fair and full compensation for your injuries.
Insurance law can be quite complicated. Horn Law is well-versed in automobile insurance law, including claims involving:
- Uninsured Motorist Coverage
- Under-insured Motorist Coverage
- Commercial Vehicle Insurance Coverage
- Medical Payments Coverage
- Personal Injury Protection Coverage
Reckless Driving Injury Claims
A traumatic injury not only causes financial issues, but also causes past, present, and future pain, suffering, discomfort, distress, and many other “non-economic” damages to the injured person. Our primary objective is to obtain fair and full insurance compensation to cover both the medical bills and lost income, but also sufficient money to compensate our client for the non-economic damages.
Evidence of reckless or aggressive driving, including instances of road rage or driving under the influence, is an important factor in the case evaluation. In the event the case can not be settled for full compensation with the insurance claims adjusters and representatives, a lawsuit will be filed against the person(s) responsible for our client’s injuries.
There are several advantages to lawsuits against reckless drivers. First, we can obtain special information from the driver that we could not obtain without a legal action. For instance, we can obtain social media or cell phone records that may lead to critical information or admissions. We are also able to take the reckless driver’s deposition. A deposition is a legal procedure where we can put the driver under oath and question the driver on all aspects of the accident and events leading up to the collision, including the reckless driver’s driving history.
Reckless Truck Drivers and Other Commercial Drivers
Horn Law has had a number of reckless driving cases involving truckers and other commercial drivers. These cases are special in that they may concern both the individual liability of the driver and the corporate (or business) liability of the employer for hiring a reckless driver. The policies, procedures, practices, and protocols of the business become very relevant in this type of case.
Moreover, claims against reckless commercial drivers can impose a punitive damage claim directly against their employer.
Horn Law offers you a free investigation. Legal consultation, case assessments, and examinations from an experienced personal injury attorney are important when you are working with insurance claim agents or other insurance company representative. Contact Horn Law at 816-795-7500 free of charge for legal consultation.