Unfortunately, you may have encountered a reckless driver driving in willful or wanton disregard for the safety of persons or property. And in this encounter, you may have devastatingly entered a collision that left you with serious bodily injuries, economic damages, and non-economic damages. Since you were the careful driver in this situation, you may understandably believe it to be unfair to have to pay the financial consequences. Well, continue reading to learn whether a reckless driver should be held responsible for paying for your damages and how an experienced Panama City car accident attorney at Manuel & Thompson, PA can help you earn the compensation you are entitled to.
What happens if the reckless driver does not carry auto insurance?
Florida is a no-fault accident state, so you should have personal injury protection coverage and property damage liability coverage of at least $10,000 each to cover your incurred bodily injuries and property damage, respectively. But if this is still not enough to cover everything, you may file a claim with the reckless driver’s auto insurance provider.
If they do not carry auto insurance, hopefully, you have uninsured or underinsured motorist coverage added to your policy. However, if this is the case, they may get their driver’s license suspended and their vehicle tag seized. In the end, if all else fails, you may initiate a civil lawsuit against the reckless driver to ensure they are held fully accountable for causing this accident event in the first place.
Should a reckless driver have to pay for my damages?
In a civil lawsuit such as a car accident claim, the judge and jury must determine fault based on each party’s negligence at the time of the incident. Well, the defendant’s failure to drive with reasonable care and instead intentionally driving recklessly may be deemed negligent. Therefore, if you can successfully establish these facts in your case proceedings, the defendant may be ordered to pay for your claimed damages.
It is worth mentioning, though, that the defendant may fight back with claims that you also participated in negligent behaviors or actions at the time of the incident. For example, while they may admit to tailgating you, they may also argue that your tail lights were out and you willingly drove your vehicle with known issues.
With Florida’s comparative negligence statute, the judge and jury may lower your payout in congruence with your determined contribution to the collision. So, if they conclude that your broken tail lights were 20 percent to blame, you may only receive 80 percent worth of the damages you initially claimed.
If you have gotten this far, we now ask you to reach out to a skilled Panama City car accident attorney to schedule an initial consultation. Overall, we strongly encourage you to retain legal representation from Manuel & Thompson, PA for your upcoming civil claim.
