I Was Hit By a Reckless Driver: Can I Sue?

Getting hit by a reckless driver can be terrifying and leave you feeling uncertain about what to do next. You may be dealing with medical bills, lost wages, and ongoing pain from your injuries. If you are wondering whether you can sue, the short answer is yes—under the right circumstances, you can hold the reckless driver accountable. 

Our car accident lawyer at Vaughn A. Wamsley can help you understand your options and fight for fair compensation.

What Is Reckless Driving?

Reckless driving is more than just speeding or failing to use a turn signal. It involves a deliberate disregard for the safety of others. Common examples include:

• Driving significantly over the speed limit
• Tailgating or weaving in and out of traffic
• Ignoring traffic signs or signals
• Street racing
• Driving under the influence of drugs or alcohol

If the driver who hit you engaged in any of these behaviors, their actions likely meet the legal definition of recklessness. This can strengthen your case if you decide to pursue a lawsuit.

Can You Sue a Reckless Driver?

In most cases, victims of reckless driving accidents can sue for damages. To succeed in your claim, you must prove that the driver’s actions caused the accident and your resulting injuries. Evidence like police reports, eyewitness accounts, and medical records can play a critical role in building your case.

A car accident attorney can help you gather the necessary evidence and determine how much compensation to seek. This can include damages for:

• Medical expenses (past and future)
• Lost wages
• Pain and suffering
• Property damage

If the driver was particularly reckless, such as driving while intoxicated, you may also be eligible for punitive damages meant to punish the driver and deter similar behavior.

How Insurance Affects Your Case

Since Indiana is not a no-fault state, it operates on a fault-based system. As a result, you will have to deal with the responsible party’s insurance company. This can be frustrating. While the at-fault driver’s insurance should cover your damages, they may attempt to deny or undervalue your claim. 

An experienced auto injury attorney near me can ensure you’re not pressured into accepting a low settlement. If the reckless driver was uninsured or underinsured, your own insurance policy might offer additional options, such as uninsured motorist coverage.

Understanding the fine print of insurance policies can be overwhelming, but your lawyer will guide you through this process and negotiate on your behalf to maximize your compensation.

Common Mistakes to Avoid After a Reckless Driving Accident

After a reckless driving accident, it’s easy to make mistakes that could harm your case and reduce your chances of fair compensation. Some of the most common missteps include:

Not Seeking Medical Care Immediately

Even if you don’t feel seriously injured, skipping medical treatment can be a big mistake. Some injuries, like whiplash or internal damage, may not show symptoms right away. Delaying treatment could allow the other party or their insurance to argue that your injuries weren’t serious or were caused by something else.

Speaking to Insurance Adjusters Without Legal Help

After an accident, insurance adjusters may contact you quickly, posing as supportive and helpful. However, anything you say could be recorded to minimize your claim. Without legal guidance, you might unknowingly agree to a far less settlement than you deserve.

Posting on Social Media

Sharing photos, updates, or comments about your accident or recovery on social media might seem harmless, but it could be used against you. Insurance companies or opposing attorneys could take posts out of context to downplay your injuries or suggest you aren’t as affected as you claim.

These mistakes can weaken your case, but they’re entirely avoidable. Consulting a car accident attorney near you as soon as possible can protect your rights, avoid these pitfalls, and focus on your recovery. At the same time, your legal team handles the complex details.

Why You Should Hire a Car Accident Lawyer

Reckless driving cases can be challenging, especially if the driver denies responsibility or their insurance company tries to minimize your claim. A skilled car accident lawyer can handle these challenges for you by:

• Investigating the accident thoroughly
• Negotiating with insurance companies on your behalf
• Representing you in court if necessary

In addition, a car accident attorney near me offers free consultations and works on a contingency fee basis. This allows you to hire a lawyer for your case without up-front costs. 

How Long Do You Have to File a Lawsuit?

After being hurt in a car accident in Indiana, you can file a claim for up to two years. Even though you have this long to file, waiting is not usually a good idea. If you do not file right away, there is a chance that you will lose critical evidence that can support your claim. 

For this reason, it is always best to take legal action immediately. 

Contact Our Car Accident Lawyer

If you’ve been injured in a reckless driving accident, Vaughn A. Wamsley is here to help. We understand your challenges and are committed to fighting for your rights. Contact us today for a free consultation to discuss your case. 

Let our car accident lawyer in Indianapolis help you seek the compensation you need to move forward.