Areas We Serve

Long Island Reckless Driving Accident Lawyer

Aerial view of a police car pulling over a driver on a busy multilane road at night
BG Default Page Hero Building
Home › Long Island Car Accident Lawyers › Long Island Reckless Driving Accident Lawyer
Schedule Your Free Consultation
  • Reckless driving crashes can involve conduct such as extreme speeding, racing, aggressive weaving, or other behavior that creates a serious risk to others on the road.
  • Injured victims may receive certain benefits through New York no-fault insurance and, when their losses and injuries meet the requirements, may also pursue a separate personal injury claim against the at-fault driver.
  • Proving fault often requires more than a police report, with evidence such as video footage, witness statements, vehicle data, photographs, and accident reconstruction potentially playing an important role.
  • The Odierno Law Firm can investigate the crash, build the liability case, document the full impact of your injuries, and pursue compensation through settlement or litigation.

Not every crash involves the same level of blame. Some collisions happen because of a momentary lapse, a driver who glanced at a phone for a second too long or misjudged a turn. Others involve conduct that goes further: speeding through a school zone, weaving through rush-hour traffic, or blowing through red lights at speeds that make a collision almost inevitable.

If you were hurt by a reckless driver on Long Island, you may be able to recover compensation, whether through a no-fault auto insurance policy, a personal injury claim, or both. The Odierno Law Firm can help you understand your options. We’ve represented injured Long Islanders since 1978 and have recovered more than $300 million for our clients, and we take a personal approach to every case that comes through our door. A reckless driving accident lawyer at our firm can look at what happened, explain your options, and help you understand what to do next.

Take the first step in your recovery by calling (631) 752-8580 or using our contact form to connect with us.

What Counts as Reckless Driving Under New York Law?

New York’s reckless driving law is broadly written. Vehicle and Traffic Law § 1212 prohibits driving in a way that “unreasonably interferes with the free and proper use of the public highway … or unreasonably endangers users.” The statute does not identify a particular speed, maneuver, or traffic violation that automatically qualifies as reckless driving. Instead, whether the conduct meets that definition depends on the circumstances and how the vehicle was being operated.

Driving Behaviors That May Be Considered Reckless

Certain types of dangerous driving are more likely to raise concerns about reckless conduct, especially when they create a serious risk to other people on the road.

Examples can include:

  • Driving at extremely high speeds
  • Racing or competing with another vehicle
  • Weaving aggressively through traffic
  • Making repeated unsafe lane changes
  • Running red lights or stop signs at high speed
  • Driving the wrong way
  • Passing where visibility or road conditions make it clearly unsafe
  • Following another vehicle dangerously closely
  • Combining several dangerous behaviors, such as speeding while weaving through traffic

Injuries Caused by Reckless Drivers

There’s no single injury profile that comes from a reckless driving crash. The severity of what happens depends on the speed involved, the type of collision, the vehicles on the road, and whether pedestrians, cyclists, or motorcyclists were caught in the crash. Certain injuries, however, come up frequently in these cases, including:

Some people involved in reckless driving crashes recover after a relatively limited course of treatment. Others face surgery, extended rehabilitation, permanent physical limitations, an inability to return to their prior work, or a need for long-term care. Those differences matter because they determine which losses need to be addressed through no-fault insurance and which, if any, require a personal injury claim against the driver who caused the crash.

Can You Sue a Reckless Driver in New York?

After a New York motor vehicle accident, compensation can come through two different systems. No-fault insurance generally covers certain immediate financial losses regardless of who caused the crash. Depending on your losses and the severity of your injuries, you may also be able to pursue a separate personal injury claim against the reckless driver.

No-Fault Benefits After the Accident

New York no-fault insurance, also called Personal Injury Protection, generally provides up to $50,000 per person for basic economic losses such as medical treatment, a portion of lost earnings, and certain other necessary expenses related to the injury.

Where those benefits come from depends on how you were involved in the accident. Generally:

  • If you were driving or riding in an insured vehicle, No-Fault benefits come through the insurance covering that vehicle.
  • If you were walking or riding a bicycle and were struck by an insured vehicle, benefits generally come through the no-fault coverage on the vehicle that hit you.

Because no-fault applies regardless of who caused the accident, you do not have to prove that the other driver was reckless or otherwise at fault to receive these benefits. Motorcycle riders and passengers are treated differently. No-fault does not cover people occupying a motorcycle, so they can instead pursue the at-fault party directly for their accident-related losses.

When You Can Pursue a Personal Injury Claim

A separate personal injury claim against the driver who caused the crash becomes important when your losses extend beyond what New York’s no-fault system covers.

You may pursue economic losses beyond basic no-fault coverage, such as additional medical expenses or lost income. You may also seek compensation for pain and suffering and other non-economic losses if your injury meets New York’s serious-injury threshold.

A serious injury can include a fracture, significant disfigurement, certain permanent or significant limitations, or an injury that substantially prevents you from carrying out your usual daily activities for at least 90 of the first 180 days after the crash.

Icon Notice

Unlike a no-fault claim, recovering compensation directly from the other driver requires establishing that their conduct caused the accident. That is where proving what the reckless driver actually did becomes important.

Get Help Now

How Fault Is Proven in a Reckless Driving Accident Case

Proving fault in a reckless driving accident case is about piecing together what happened in the moments before the impact. A police report or traffic citation can be useful, but a personal injury claim shouldn’t rest entirely on either one. Police reports are often based on limited information gathered at the scene, and officers don’t always witness the actual driving conduct that led to the crash.

Depending on the case, useful evidence can include:

  • Police reports and traffic citations
  • Dashcam, traffic-camera, or nearby business surveillance footage
  • Witness statements from other drivers, passengers, or bystanders
  • Photographs of the scene and vehicle damage
  • Event data recorder information or other electronic vehicle data
  • Cellphone records, when distraction is a relevant factor and the records can be obtained
  • Physical evidence from the roadway, such as skid marks or debris patterns
  • Accident reconstruction analysis in more complicated or disputed cases
Icon Notice

Once fault is established, the next question is what losses can be included in the personal injury claim.

Contact Us

What Compensation Can You Recover?

Depending on the facts of your case, compensation in a personal injury claim may cover:

  • Medical expenses not already covered through no-fault
  • Future treatment and rehabilitation costs
  • Lost wages beyond what no-fault benefits provide
  • Reduced future earning capacity if injuries affect your ability to work
  • Pain and suffering, where the serious-injury threshold is met
  • Permanent disability or impairment
  • Loss of the ability to perform normal daily activities
  • Other accident-related financial losses

The value of any individual claim depends heavily on case-specific facts, including the severity and expected duration of the injuries, the medical prognosis, the effect on employment, and the insurance coverage actually available. Two people with similar injuries can end up with very different claim values depending on these factors.

How a Long Island Reckless Driving Accident Attorney at The Odierno Law Firm Can Help

The Odierno Law Firm has represented injured people across Nassau and Suffolk counties since 1978. We are a family-run practice now in its second generation, and that continuity has translated into more than $300 million recovered for our clients over the years. We stay personally involved in the cases we handle, and when insurance companies won’t offer a fair resolution, we’re prepared to take a case to litigation.

When you hire our car accident lawyers for your reckless driving case, we can help:

  • Investigate how the crash happened and preserve the evidence. We look for video, witness accounts, vehicle data, phone records where relevant, and other evidence that can show how the other driver was operating the vehicle before the collision. Acting quickly can be important when footage may be overwritten or other evidence may be lost.
  • Build the liability case against the reckless driver. We use the available evidence to establish how the driver’s conduct caused the collision and respond when an insurer disputes fault or offers a different version of what happened.
  • Document the full impact of your injuries. We gather medical records, wage information, and evidence of ongoing treatment, work limitations, or other long-term effects that should be reflected in the claim.
  • Pursue the claim through settlement or litigation. We deal directly with the insurance company, present the evidence supporting your claim, negotiate for fair compensation, and file a lawsuit when necessary.
Icon Notice

Throughout the case, we keep communication straightforward. You should know where your claim stands, what we are working on, and what decisions need to be made without having to chase down updates.

Book Your Consultation

FAQs About Reckless Driving Accidents on Long Island

Do I Still Have a Reckless Driving Case if I Was Partially at Fault?

Toggle

Possibly. Under New York’s current rule for motor-vehicle injury claims, you can generally still recover compensation if you were partly responsible for the crash, as long as your share of fault is not greater than the fault of the other driver or defendants combined. Your compensation would then be reduced by your percentage of fault. If you are found more at fault than the defendant or defendants combined, you may be barred from recovering damages.

Can I Recover Punitive Damages From a Reckless Driver?

Toggle

Punitive damages may be available in exceptional cases, but reckless driving does not automatically qualify you for them. New York requires especially serious conduct showing a conscious or extreme disregard for the safety of others. Unlike compensatory damages, which pay you for your losses, punitive damages are intended to punish particularly egregious behavior and deter similar conduct. Whether they are available depends on exactly how the driver behaved before and during the crash.

What If the Reckless Driver Does Not Have Enough Insurance?

Toggle

If the driver’s liability insurance is not enough to cover your injuries and losses, Supplementary Uninsured/Underinsured Motorist (SUM) coverage may provide additional compensation if it is available under an applicable policy. SUM coverage is designed for situations where the responsible driver’s insurance limits are lower than the coverage available to you. An attorney can review the policies involved and determine whether SUM coverage or another source of recovery is available.

How Long Do I Have to File a Reckless Driving Accident Lawsuit in New York?

Toggle

In most New York personal injury cases arising from a motor vehicle accident, you have three years from the date of the crash to file a lawsuit. Shorter deadlines can apply in some situations, particularly when a government agency, municipality, or public vehicle is involved, so the specific deadline should be confirmed early in the case.

How Much Does It Cost to Hire a Long Island Reckless Driving Accident Lawyer?

Toggle

The Odierno Law Firm handles personal injury cases on a contingency-fee basis, so there is no upfront attorney fee. If we recover compensation for you through a settlement or verdict, our fee is paid from that recovery. If we do not recover compensation, you do not owe an attorney fee. We also offer free consultations to discuss your case and your options.

Speak With a Long Island Reckless Driving Accident Lawyer Today

If you were seriously hurt because another driver chose to speed, weave through traffic, run a light, or otherwise drive in a way that put you at risk, you don’t have to sort out the situation on your own. A Long Island reckless driving accident lawyer at The Odierno Law Firm can investigate what actually happened, work to establish the other driver’s responsibility, document your injuries and financial losses, and pursue the personal injury claim available to you.

We’ve served injured people throughout Nassau and Suffolk County for almost 50 years, and we bring that experience to every reckless driving case we take on. Contact us for a free consultation, and remember that our fee only comes out of a successful recovery.

Legally Reviewed By

Scott F. Odierno

Attorney/Partner

Scott F. Odierno headshot

Long Island accident lawyer Scott F. Odierno was born in Bronx, New York, in 1967, and moved to Long Island in 1973. He obtained a Bachelor of Arts in Medieval and Renaissance History from Brown University in 1989. At Brown, Scott was captain of the Baseball team and a First Team All-Ivy catcher. Scott joined The Odierno Law Firm, P.C. upon graduating from New York Law School in 1992. His practice is concentrated in two fields: Personal Injury and No-Fault litigation. He is admitted to practice in Federal Court in both the Eastern and Southern Districts of New York in addition to all New York State Courts.

If You’ve Been Hurt in Nassau or Suffolk County, Speak to Our Long Island Personal Injury Attorneys Today

The Odierno Law Firm attorneys and staff group photo

Schedule Your Free Consultation

Take a Breath.
Take Back Your Life.