How is Reckless Driving Defined?
New York has a broad definition of reckless driving that gives police officers and courts discretion when determining whether the offense occurred. Reckless driving is a misdemeanor (criminal offense) in New York, not a simple traffic infraction. As such, an experienced Buffalo car accident lawyer might help victims seriously injured by reckless drivers obtain substantial financial damages.
Understanding New York’s Reckless Driving Statute
Reckless driving is defined by N.Y. Vehicle and Traffic Law §1212. This law states that car, truck, and motorcycle operators are guilty of driving recklessly if, while on a public highway or in any parking lot, they operate their vehicles in a way that unreasonably endangers other roadway users. Examples of common driving behaviors often considered reckless driving in Buffalo include the following:
- Excessive speeding
- Unsafe lane changes (weaving)
- Drunk driving
- Driving under the influence of narcotics
- Operating an unmaintained vehicle (brake failures)
- Falling asleep at the wheel
- Running red lights and stop signs
- Drag racing
- Texting
If the driver violates two or more traffic laws, such as speeding and unsafe lane changes, police might charge him with reckless driving.
Damages Available to Reckless Driving Victims in Buffalo
The New York serious injury threshold still applies in reckless driving cases. This means you’re limited to no-fault benefits unless the reckless driver caused you a significant injury, disability, or economic loss. However, many reckless driving cases involve extreme driving behaviors that result in life-altering and even fatal personal injuries. An experienced Buffalo car accident lawyer might help you recover the following damages in such cases.
Medical Expenses
You might be entitled to all past and future medical expenses for injuries sustained in reckless driving crashes. This includes hospital and ambulance costs, doctors’ bills, and all rehabilitation expenses. Awards might also include compensation for home nursing care, medications, massages, medical equipment, household help, medical transportation, and even necessary home modifications.
Lost Wages
Claimants might demand the value of lost income related to the accident injuries. This includes direct wages, overtime, commission, and bonuses. A personal injury lawyer might also fight to obtain damages for lost earning capacity, promotions, and workplace benefits such as health insurance and pension contributions.
Pain and Suffering
These non-economic damages, obtainable under N.Y. Insurance Law § 5102, compensates victims for the physical pain, emotional suffering, inconvenience, frustration, and lost enjoyment of life associated with their injuries. Buffalo car accident lawyers often demand pain and suffering awards in proportion to their clients’ overall economic damages.
Punitive Damages
Reckless driving accidents are unique because they involve criminal conduct. Injuries resulting from criminal actions, such as drunk driving, might entitle claimants to demand additional punitive awards from reckless drivers. Discuss obtaining these special damages with a local reckless driving accident injury attorney.
Discuss Buffalo Car Crashes Caused by Reckless Drivers with a Dedicated Personal Injury Lawyer
Criminal drivers should pay for their crimes, especially if they cause life-altering injuries in Buffalo. If a reckless driver injured you or a loved one in Western New York, immediately contact a dedicated personal injury law firm. An experienced Buffalo car accident lawyer from the Steve Foley Law Firm can help maximize the damages available in your case and hold the reckless driver accountable for their actions. Contact us online or call (716) 356-4432 to schedule a consultation today.