Oregon Injury Lawyer Blog
Any fatal auto accident is a tragedy. A death that occurs because one or more people engaged in reckless driving is particularly disheartening. When people engage in street racing, stunts, aggressive driving, or impaired driving, they may have done more than engage in mere negligence. When misconduct behind the wheel rises to the level of recklessness, it may significantly impact an injured person’s pursuit of justice. If a reckless driver has hurt you, the law presents many options. To enhance your case, ensure you have retained an Oregon auto accident lawyer who has experience in these cases.
Reckless driving resulted in the death of a teenage boy in Northeast Portland in late November, according to police. Authorities believe that an 18-year-old driver performed “donuts” in his car when the vehicle rolled over onto its right side. The man’s passenger died in the accident.
Police also believe that the driver’s stunt driving was part of a street racing/street “takeover” event on North Marine Drive. (Street takeovers are events where people block off an area of roadway where people race, perform stunts like donuts and burnouts, and engage in other “exhibition driving” maneuvers.) These events frequently involve reckless driving. (Authorities charged the Northeast Portland driver with reckless driving and negligent homicide.)
Reckless driving that results in injuries or deaths can present challenging questions when it comes to getting justice in civil litigation. A wide array of driving misconduct may qualify as reckless driving for purposes of civil compensation. In addition to street racers and street takeover stunt drivers, they include drivers going excessively fast, drunk/high drivers, distracted drivers, aggressive drivers (like tailgaters, brake checkers, and drivers who weave between lanes).
Criminal action against a reckless driver may impact your civil case. If the reckless driver who injured you was convicted (or pled guilty) to the criminal offense of reckless driving, you may be entitled to present evidence of that criminal case outcome in your civil matter under the doctrine of negligence per se. Successfully establishing the elements of negligence per se can make proving the driver was liable easier and owes your compensation.
Forms of Damages
An injury action in which the at-fault party allegedly engaged in reckless driving allows the injured person to seek compensation for the same damages as a person injured by a negligent driver. These include past and future medical expenses, past and future lost income, funeral/final expense costs, loss of enjoyment of life, loss of companionship, pain and suffering, and mental anguish.
Additionally, the law may allow you to pursue punitive damages. With that said, there is much you should know about seeking punitive damages in an auto accident case. First, injured parties very rarely receive punitive damages as part of an auto accident judgment. Two, even if you get an award of punitive damages, most of it will go to the state. (You get only 30% of the amount.) Three, seeking punitive damages can complicate getting a payout from the at-fault driver’s auto insurer. For these reasons and more, it might make sense to forgo pursuing punitive damages, depending on who the defendant is in a case. (An experienced legal professional can explain whether pursuing punitive damages makes sense in your accident case.)
If your injury case involves a reckless driver, you need an advocate who fully understands the law and is experienced in obtaining justice for clients. The Oregon auto accident attorneys at Kaplan Law LLC are here to provide knowledgeable advice and, when needed, powerful advocacy in civil court. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.
