Reckless Driving Means Negligent Driving
Reckless driving is a form of negligence, which means:
- The driver owed you a duty of care to operate their vehicle safely.
- They drove recklessly instead (this is where negligence comes in).
- They caused a reckless driving accident, such as a rear-end, rollover, head-on, or side-impact crash.
- You suffered financial and non-financial losses as a result.
Each of these elements must be present in your case for you to have grounds to seek compensation for your losses.
New York Enforces Time Limits on Reckless Driving Accident Lawsuits
Sometimes, filing a lawsuit makes the most sense for your situation. However, the state implements deadlines by which you must file. According to CPLR § 214, you generally have three years to submit a personal injury lawsuit in New York. Those bringing a wrongful death lawsuit have even less time, as EPTL § 5-4.1 usually enforces a two-year time limit.
Exceptions may extend these deadlines, like if the other party left the state or a minor was hurt in the crash. But others could shorten them, especially if a government agency was involved. Either way, start your case right away. The court will likely refuse to hear your case if you try to file past the deadline, leaving you to cover your crash-related expenses on your own.
If you inform our team about your case early on and hire one of our attorneys to represent you, we can ensure that we submit your lawsuit before the deadline expires.
Why Should I Start My Claim As Soon As Possible?
The statute of limitations isn’t the only reason to get a head start on your case. The more time passes, the more difficult it can be to access and gather evidence. For example, witnesses may start to forget crucial details of the crash over time or move away without leaving any contact information. Businesses may destroy video footage capturing the collision after a few days or weeks.
Evidence like this can help boost the validity of your claims, and not having it can make it tougher to prove your side of the story.
Common Injuries After a Reckless Driving Accident on Long Island
Reckless driving accidents can cause victims to suffer severe injuries, such as:
- Traumatic brain injuries (TBIs)
- Back and neck injuries
- Spinal cord injuries
- Broken bones and fractures
- Cuts and bruises
- Organ damage
- Internal bleeding
- Road rash
- Chest and abdominal trauma
Many of these injuries don’t show symptoms for days or weeks following the collision. Therefore, have a doctor examine you as soon as possible. They may take X-rays, diagnose your injuries, prescribe medications, and refer you to specialists for further treatment.
Seeing a physician promptly can also help bolster your claim, as this visit shows the connection between the reckless driving collision and your injuries. Delaying medical attention may tell the insurance company that your injuries weren’t severe enough to get help or that the crash didn’t cause them. As a result, they could use the delay against you to deny you fair compensation for your losses.
Connect With Our Car Accident Lawyers on Long Island Today
If you were hurt in a reckless driving accident on Long Island, look no further than Rosenberg & Gluck, LLP. Our experienced injury attorneys on Long Island understand these are challenging times, so allow us to lend a helping hand.
Our team can review your case, identify the liable party (or parties), and work to hold them accountable for your damages. All you need to do is focus on what’s most important: your health.
Reach out to Rosenberg & Gluck, LLP today at (631) 451-7900 to begin your free consultation with one of our team members. We assist both English and Spanish-speaking clients.