Northern Virginia Reckless Driving Accident Attorneys
Reckless driving is a very different kind of traffic crime in Virginia because it is considered a criminal violation rather than a basic traffic violation. Virginia not only has two general reckless driving statutes, but it also has 13 “per se,” or strict, reckless driving offenses as well.
Drivers who operate recklessly are always at greater risk of causing motor vehicle accidents, and certain instances of reckless driving can possibly cause severe or even fatal injuries. While a negligent driver may indeed be ticketed for reckless driving, the victims involved in these crashes will usually be completely on their own to figure out how to recover compensation for their losses.
If you suffered catastrophic injuries or your loved one was killed in a reckless driving accident in Northern Virginia, you will want to take steps right away to secure legal counsel. CHASENBOSCOLO will fight to ensure that you are able to get justice.
Our firm will be by our side and can handle all of the necessary legal legwork on your behalf so you can focus on your recovery. We can review your case as soon as you call (703) 538-1138 or contact us online to receive a free consultation.
Do I Need A Reckless Driving Lawyer?
Reckless driving is certainly a serious criminal offense for a driver to be accused of, but the driver’s insurance company is going to be prepared to do whatever it can to reduce a payout or avoid making any payment at all. You need to remember that an insurer is never on your side.
This is important because many insurance companies are going to make an effort to seem like they care about you and are willing to help. You will very likely be contacted by an agent who will be especially friendly and express concern while claiming that you will not need to worry about hiring an attorney.
The insurance company uses this tactic to lull people into a false sense of security in hopes that they will open up and be willing to freely discuss the details of their crash. You may be told that your accident is being investigated and a claims adjuster will probably ask you to provide a recorded statement.
Never provide any recorded statement to an insurance company without legal representation. You run the risk of inadvertently admitting to a form of negligence that will very likely be used as the justification for denying your injury claim.
Why Choose CHASENBOSCOLO To Handle My Case?
CHASENBOSCOLO has a team of 25 lawyers and over 90 professionals with more than 100 years of combined legal experience who are available 24 hours a day, seven days a week. Our record of success includes over $750 million recovered for our clients.
Barry M. Chasen and Benjamin T. Boscolo each have over 30 years of legal experience. Both attorneys have received AV Preeminent ratings from Martindale-Hubbell, denoting the highest level of professional excellence.
Mr. Chasen was named to the National Trial Lawyers Top 100 Trial Lawyers in 2013. Mr. Boscolo served as a Workers Compensation Panelist for both the National Football Players Association and Major League Soccer Players Association.
When you hire CHASENBOSCOLO, you will pay nothing upfront because of our No Fee Guarantee®. This simply means that you do not have to pay anything for our services unless you receive a monetary award.
Types of Reckless Driving Cases We Handle
Virginia has far more punitive reckless driving laws than most other surrounding states. Numerous drivers commit reckless driving offenses when they violate certain other state traffic laws.
Reckless driving can include a wide variety of dangerous behaviors, but some of the most common usually include without being limited to:
- Failure to obey traffic signs or lights
- Failure to use turn signals
- Failure to yield
- Failure to merge
- Distracted driving
- Driving under the influence of alcohol or drugs
- Aggressive driving
Do not think that you do not have a reckless driving case because the other driver was not cited for reckless driving. Police officers occasionally do not issue tickets following these types of accidents because they rarely see the actions a driver took before a collision.
What are the different reckless driving crimes in Virginia?
Virginia Code § 46.2‐852 is described as the reckless driving general rule and applies to offenders who drive vehicles on any highway recklessly or at speeds or in a manner so as to endanger the life, limb, or property.
Other reckless driving offenses include:
- Overtaking or passing an emergency vehicle operating its lights or siren (Virginia Code § 46.2‐829)
- Operating a vehicle “not properly under control” or with “inadequate or improper adjusted” brakes (Virginia Code § 46.2‐853)
- Passing or overtaking a vehicle on a curve or approaching a grade or crest (Virginia Code § 46.2‐854)
- Driving a vehicle that is loaded in such a way as to obstruct the driver’s view or prevent proper control of the vehicle (Virginia Code § 46.2‐855)
- Passing two vehicles abreast, going the same direction (Virginia Code § 46.2‐856)
- Driving two abreast in a single lane, in the same direction (Virginia Code § 46.2‐857)
- Overtaking or passing at a railroad crossing (Virginia Code § 46.2‐858)
- Failure to stop for a school bus (Virginia Code § 46.2‐859)
- Failure to give an adequate or timely signal when turning, slowing down, or stopping (Virginia Code §11)
- Driving too fast for conditions (Virginia Code § 46.2‐860)
- Exceeding the speed limit by 20 mph or more, or in excess of 80 mph (Virginia Code § 46.2‐861)
- Failing to stop at an entrance to a highway from a side road; and racing two or more cars, on highways, roads, or parking lots open to the public (Virginia Code § 46.2‐862)
What are the possible penalties for a reckless driving conviction?
As a class 1 misdemeanor, a person who is convicted of reckless driving in Virginia could face up to one year in jail, a fine of up to $2,500, six demerit points on their driving record, and a driver’s license suspension of up to six months. The driver is also going to have a criminal record.
How long do I have to file a reckless driving accident lawsuit?
Under Virginia Code § 8.01-243, personal injury actions relating to reckless driving accidents are required to be filed within two years of the date of the accident. The statute of limitations could be tolled (delayed) for certain individuals who are unable to file suit because of a disability, such as a person being incapacitated or a minor.
In such cases, the limitations period will not begin until the person become capable of taking legal action again, meaning that a minor has two years to file as soon as they turn 18 years of age. Any fraud committed by a defendant could also toll the limitations period, as any period in which a defendant cannot be located generally will not be counted against the statute of limitations.
Contact a Reckless Driving Attorney in Northern Virginia
Did you sustain severe injuries or was your loved one killed in a reckless driving accident in Northern Virginia? You are going to want to be sure that you have an experienced personal injury lawyer so you can have the best possible chance of recovering maximum compensation.
CHASENBOSCOLO understands the many ways that people can have their entire lives turned upside-down after being involved in these types of crashes and we will be motivated to make sure that you are able to get justice. Call (703) 538-1138 or contact us online to schedule a free consultation.