When we go about our daily business and affairs, we’re all required to exercise due care and caution for the safety of the person and property of others. Although we expect others to behave in the same way, some people fail to do so. Most of them are merely negligent, but others go beyond that level of deviation from the standard of care to being reckless. On a liability scale, recklessness is somewhere between negligence and an intentional act. Recklessness is most often seen on Kentucky’s highways. We’ve all witnessed it before, and probably more than once.
Reckless Driving in Kentucky
Recklessness when behind the wheel of a motor vehicle in Kentucky is broadly defined. Kentucky Statutes 189.920 states that “(1) The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway. (2) No person shall willfully operate any vehicle on any highway in such a manner as to injure those on the highway.”
The Elements of Recklessness
Reckless behavior doesn’t only occur on Kentucky roadways. For example, a person might store a gun in an area of their home that was accessible to children or lose control of a concealed weapon and cause it to discharge. In proving reckless behavior, the injured person must prove the following elements:
- The person who is alleged to have been reckless intended to behave that way.
- He or she knew that such behavior would cause a risk of harm to others.
- The risk of harm was unreasonable and more likely to injure somebody than negligent behavior.
- The allegedly reckless person knew or should have known that other people would be present and at a higher risk of harm than normal.
Damages in Reckless Driving Cases
If you were the victim of a crash that was caused by a reckless driver, you’re likely eligible to pursue compensation for you’re likely able to pursue compensation for your injuries and damages. That compensation might include the following:
- Past and future medical bills
- Past and future lost earnings.
- Any permanent disfigurement or disability.
- Pain and suffering.
- Loss of enjoyment of life.
- Punitive damages when applicable.
- Other valuable damages in the event of a wrongful death.
After being injured in any accident involving negligence, reckless or intention conduct, contact us here a Kaufman & Stigger, PLLC for a free consultation and case evaluation. We’ve successfully recovered millions and millions of dollars on behalf of accident victims and their families. Protect your right to the compensation that you deserve by contacting us right away after being injured in any accident anywhere in Kentucky.
If You’re Injured in a Reckless Driving Crash
Injuries in reckless driving crashes are often serious given speed and the reckless driver failing to reduce his or her speed before the crash occurs. In not reckless, you’ll at least need to prove that the driver who caused the crash and injured you was at least negligent. The opposing insurance company will try to push some or all of the blame for the crash over onto you. If that other driver was uninsured, you’ll likely be making an uninsured motorist insurance claim with your own insurer who turns into your opponent. In either case, in order to recover the compensation for the injuries and damages that you deserve, you’ll be needing an experienced and aggressive personal injury lawyer from Kaufman & Stigger, PLLC to represent you. In some cases, like in DUI or road rage crashes with injuries, victims might even be eligible for punitive damages.
Contact a Personal Injury Lawyer in Kentucky
Do you have more questions about negligence? Speak to a member of legal team today to learn more about our state’s accident laws. If you or a loved one have been injured due to someone else’s negligence, do not wait another minute, call us right now at Kaufman & Stigger, PLLC at (502) 458-5555 to discuss your case and get the help you deserve.
