Reckless Driving Accidents

Reckless driving is dangerous and can contribute to serious motor vehicle accidents. If you were in an accident caused by a reckless driver, you may be able to file a personal injury lawsuit to recover money to pay for your damages. You can use a driver’s recklessness to show they caused the accident.

Traffic laws and personal injury claims vary by state. To find out more about your legal options after a reckless driving accident, talk to a local car accident attorney.

What Is Reckless Driving?

Reckless driving is a crime. Depending on the state, reckless driving penalties can include fines and possible jail time. If reckless driving causes a serious injury or fatality, the driver can face felony charges. States may also refer to reckless driving as a dangerous driver who almost causes a collision.

Reckless driving charges are a matter of state law. For example, in California, the crime of reckless driving is driving “in willful or wanton disregard for the safety of persons or property.” This means the driver was aware their driving presented a substantial and unjustifiable risk of harm, and they ignored that risk.

Examples of reckless driving behaviors may include:

• Aggressive driving or road rage
• Tailgating at high speeds
• Ignoring the posted speed limit
• Running a stop sign or red light
• Making erratic lane changes
• Driving under the influence of alcohol
• Failing to yield the right of way

Increase in Reckless Driving Crashes

There has been an increase in reckless driving in the past few years. According to the National Highway Traffic Safety Administration (NHTSA), fatal speeding-related crashes increased 17% from 2019 to 2020. One factor in the increased reckless driving may be the result of police officers making fewer traffic stops.

Is the Reckless Driver Responsible for Damages?

The at-fault driver is usually responsible for damages. Liability in a car accident lawsuit is generally based on negligence, which refers to the failure to use reasonable care when driving. You can show the other driver was negligent by showing they were not driving reasonably, which could include traffic violations that caused the accident.

In a civil case, recklessness is more than just negligence. Recklessness generally involves the driver knowing there was a high probability that their driving behavior would cause harm and doing it anyway. If you can show the other driver was driving recklessly, they should be held liable for your damages, which can include:

• Vehicle repair or replacement
• Present and future medical expenses
• Lost wages
• Pain and suffering

In the case of a reckless driver, a judge and jury may decide that additional punitive damages are appropriate to punish them additionally for their especially reckless conduct.

What Happens if a Reckless Driver Doesn’t Have Insurance?

If the reckless driver doesn’t have insurance coverage, you may be able to recover compensation by suing them directly. But the driver may not have the money to pay for your damages. If you live in a no-fault accident state, your own insurance may cover your injuries.

If you don’t have personal injury protection (PIP) coverage, you may need additional uninsured/underinsured motorist (UM/UIM) coverage on your policy to pay for your damages. Check with your insurance company to see what coverage you should have to protect you and your family.

Should I Follow a Reckless Driver After an Accident?

Don’t chase a hit-and-run driver after an accident. Following a reckless driver could put you at risk of harm. Leaving the scene of an accident is also a crime. After an accident, the first thing you should do is consider your own safety and the safety of others. If anyone needs medical attention, call 911. If the driver left the scene of the accident, you can report it to your local law enforcement.

How Can a Car Accident Lawyer Help?

After an accident, your insurance company or the other driver’s insurer may offer you a settlement for your injuries. But before you agree to a settlement, make sure you understand your legal rights. The insurance company may not offer enough to pay for all your damages. You may be able to get more with the help of a personal injury lawyer.

A personal injury attorney can tell you your legal options, file a lawsuit to seek fair compensation, or negotiate with the insurance companies to get you the right settlement. Contact a local car accident lawyer in your state for a case evaluation.