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Should I pursue a personal injury claim if I was hurt by a reckless driver in Virginia?

If you were injured in a car accident that was caused by a reckless driver, you may be wondering if you should pursue a personal injury claim. While it can seem overwhelming to go through the extra steps to do so, it is usually the only way to receive the damages you deserve, even if the reckless driver is charged with a traffic offense.

Reckless Driving in Fairfax

Under Virginia law, reckless driving is considered a crime and is usually charged as a misdemeanor. The Commonwealth allows a variety of driver infractions to be charged as reckless driving, with the most common being the following:

  • Excessive speeding, which is defined as driving more than 20 mph over the posted speed limit or exceeding 80mph
  • Failing to maintain control of a vehicle, including properly maintaining safety features like brakes
  • Driving in a manner that endangers others, regardless of speed. This includes falling asleep behind the wheel, driving the wrong way on a one-way road, or parking on a highway.

Other forms of reckless driving may include:

  • Illegally passing a school bus
  • Turning or stopping without proper signaling
  • Failing to yield the right-of-way
  • Street racing
  • Passing another vehicle when the view is obstructed, such as on a hill or a curve in the road
  • Following too closely
  • Texting while driving
  • Ignoring stop signs or red lights

Since the violations that fall under reckless driving are so numerous, it might seem easy to pursue a personal injury case. However, you still need to prove that the driver’s reckless actions caused the accident, and this can be more difficult than it seems.

Types of Damages Available in a Personal Injury Case

If a driver is convicted of reckless driving, he may reap various consequences, including fines and jail time, but the court will not order him to pay anything out to the victims of the accident. This is why filing a personal injury suit is so important—it may be the only way for you to receive the damages you deserve. Some types of compensation you might receive include:

Economic damages.

This is a financial payout to cover hospital stays, surgeries, rehabilitation, ongoing medical care, prescriptions, lost wages, and even funeral and burial expenses, if applicable.

Non-economic damages.

This is money to compensate for very real losses that don’t come with a formal bill. These include pain and suffering, emotional and mental trauma, disfigurement, and permanent disability.

Working With a Personal Injury Attorney

Pursuing a personal injury case on your own can be quite challenging and might not result in any compensation, especially if the defendant has a good lawyer on his side. This is why it’s so important to work with an experienced personal injury attorney who can guide you through every step of the process and ensure you get the compensation you deserve.

Have You Been Injured In A Car Accident?

If you've been injured in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Fairfax, Virginia car accident law office at 703.277.2811 to schedule your free consultation. We help clients throughout Washington D.C., Maryland and Virginia and look forward to helping you.

Related Links:

  • 7 Ways to Protect Your Right to Compensation After a Car Accident

  • What are the types of damages I can recover after a car accident?

  • Know Your Rights If a Drunk Driver Is at Fault for Your Car Accident