Reckless driving, a dangerous behavior exhibited by automobile operators, puts both the driver and others sharing the roadway at risk. This article aims to shed light on the definition, examples, consequences, and legal aspects of reckless driving.
Defining Reckless Driving
Reckless driving generally refers to the operation of a vehicle in a negligent manner, disregarding the safety of others. The level of negligence involved typically goes beyond mere carelessness, extending to a “heedless disregard for others’ rights.”
Reckless Driving Across States
Each state in the U.S. has its own interpretation and laws concerning reckless driving. In states like Wisconsin and Minnesota, this act is considered a crime. While the negligent driver might be charged in traffic court, the victim must file a claim in civil court to recover damages. If you’re involved in a car accident in Maryland, make sure you get help From A Maryland Reckless Driving Accident Attorney immediately.
Common Examples of Reckless Driving
Reckless driving can manifest in various forms, such as:
- Speeding or excessively speeding
- Weaving in and out of traffic
- Unlawful passing, including passing on a double yellow line
- Running a traffic control signal
- Following too closely or tailgating
- Exhibiting signs of road rage
- Driving under the influence of alcohol or drugs
- Texting and driving
The Legal Implications of Reckless Driving
Reckless driving is a crime in many states, carrying potential penalties in both criminal and civil court. The defendant may face charges in traffic court, while the victim must file a claim in civil court to recover damages.
Proving Negligence in Reckless Driving Accidents
To successfully recover damages for injuries and losses due to a reckless driving accident, the victim must prove the four legal elements of negligence:
- Duty of Care: Every driver has a duty to drive carefully and not increase the risk of an accident that could injure others on the road.
- Breach: A driver breaches his or her duty of care by driving recklessly.
- Causation: The driver’s actions or inactions must have caused the accident.
- Damages: The victim must have suffered injuries due to the driver’s reckless driving.
Injuries Resulting from Reckless Driving Accidents
Injuries due to a reckless driving accident can vary widely depending on multiple factors, such as speed, the size of the vehicles involved, the number of vehicles, and the type of collision. Potential injuries could include:
- Bumps, bruises, cuts, scratches, and scrapes
- Road rash
- Pulled or torn muscles
- Internal injuries
- Traumatic brain injuries
- Back and spinal cord injuries
- Amputation
- Ear injuries, including deafness, in the event of an explosion
Post-Accident Measures
After a reckless driving accident, it’s crucial that victims take several steps to facilitate their case investigation. These include contacting first responders, obtaining the driver’s and witnesses’ information, taking photos of the accident scene, allowing emergency medical technicians to check for injuries, giving a statement to the police, seeking medical attention, and contacting a car accident attorney.
Recovering Damages After a Reckless Driving Accident
Victims of a reckless driving accident might be eligible to recover two types of damages—compensatory and punitive damages. Compensatory damages are further divided into economic and non-economic damages.
Economic Damages
Economic damages, also referred to as special damages, have a monetary value and could include compensation for:
- Medical expenses
- Lost wages
- Personal property damage or loss
- Funeral and burial expenses
Non-Economic Damages
Non-economic damages, also known as general damages, do not have a monetary value and could include compensation for:
- Pain and suffering, including emotional distress
- Loss of quality of life
- Loss of companionship
- Loss of consortium
- Loss of use of a body part or bodily function
- Inconvenience
Punitive Damages
Punitive damages are awarded not to compensate the victim, but to punish the defendant for their reckless behavior.
Holding Reckless Drivers Accountable
Holding reckless drivers accountable involves proving that the driver was negligent, documenting all financial losses, and understanding local personal injury laws. Victims should also follow their doctor’s instructions and retain all receipts for expenses related to their injuries.
Dealing with Insurance Company Adjusters
After an accident, victims must report it to their insurance company. Insurance companies typically assign an adjuster to validate and investigate a claim. Victims should be cautious when speaking with any insurance adjuster and should consider contacting a car accident lawyer first.
Conclusion
Car accident lawyers play a significant role in the aftermath of a reckless driving accident. They can assist victims in investigating the source of the accident, preparing a demand for settlement, negotiating with insurers, and potentially filing a lawsuit if negotiations break down.
