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What is Considered Reckless Driving?

October 3, 2024 | Jarrett Blakeley
What is Considered Reckless Driving?

Reckless driving isn’t just careless or inattentive driving; it’s driving with a complete disregard for the safety of others on the road. Many states have specific laws detailing what qualifies as reckless driving, but at its core, it’s about taking unnecessary risks that can easily lead to accidents.

Here’s a breakdown of what reckless driving really means and how a car accident lawyer can help if you’re involved in an accident caused by it.

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Reckless Driving vs. Negligent Driving

Reckless Driving with phrase on the piece of paper.

First off, let’s distinguish between reckless driving and negligent driving. While both can result in accidents, there’s a key difference. Negligent driving usually involves a failure to use reasonable care while driving. For example, maybe someone was momentarily distracted by their phone and didn’t notice a stop sign. Reckless driving, however, involves a conscious disregard for the traffic laws and the safety of others.

Picture someone barreling down the highway at 100 mph, weaving in and out of traffic. They aren’t just being careless – they’re knowingly putting others at risk. That’s the core of what makes reckless driving more serious than negligence.

Common Actions That Constitute Reckless Driving

Reckless driving comes in many forms, and it’s not always about speeding. Some actions that can be considered reckless driving include:

  • Excessive speeding: Going far beyond the posted speed limit makes it harder to control your vehicle, decreases reaction times, and increases the force of impact in a collision.
  • Aggressive weaving: Changing lanes suddenly and frequently, often without signaling, is another clear example of reckless driving. This behavior forces other drivers to react quickly, sometimes leading to accidents.
  • Running red lights or stop signs: Ignoring traffic signals puts everyone at risk. Running a red light at an intersection can easily cause a deadly side-impact collision.
  • Tailgating: Driving too closely to the car in front of you, especially at high speeds, is a dangerous form of reckless driving. The driver has almost no time to react if the car in front suddenly brakes.
  • Street racing: Engaging in racing with other vehicles on public roads is illegal and highly dangerous. Street racing often involves extreme speeds, risky maneuvers, and a lack of regard for traffic signals.
  • Driving under the influence: Getting behind the wheel while impaired by alcohol or drugs is another prime example of reckless driving. It shows a blatant disregard for the safety of others on the road.

Each of these actions can easily result in a serious accident, and when that happens, the driver responsible can be held liable for any injuries or damage caused. A car accident lawyer can help you understand your legal options if you’ve suffered an injury in an accident caused by reckless driving.

Reckless Driving and Criminal Charges

Reckless driving isn’t just a traffic violation – it’s often classified as a criminal offense. This means that if police catch someone driving recklessly, they can face serious consequences, including fines, points on their license, and even jail time, depending on the severity of the offense and whether anyone suffered an injury as a result.

In some states, reckless driving can be charged as a misdemeanor, which is a criminal offense that carries penalties such as jail time, probation, and steep fines. Repeat offenders or those who cause significant damage or injury may face even more serious charges. In certain cases, reckless driving can even be classified as a felony.

How Your Attorney Can Help

If you’ve suffered an injury in a car accident caused by reckless driving, you might feel overwhelmed by the physical, emotional, and financial toll it takes on your life. Hiring a car accident lawyer can help relieve a lot of stress. They’ll fight to ensure you get the compensation you deserve for all your damages, including medical expenses, lost income, and others.

The responsible party is typically liable for the damages when you’re involved in a crash caused by reckless driving. However, proving that someone was driving recklessly can sometimes be tricky. You might know they were speeding or weaving through traffic, but gathering the evidence to back that up is another matter. That’s where having a car accident attorney in your corner can make all the difference.

Gathering Evidence in Reckless Driving Cases

Proving reckless driving in court often requires solid evidence, and this is where things can get complicated. Unlike a simple fender-bender, where the fault might be obvious, reckless driving cases often involve disputes about what actually happened on the road. Fortunately, a car accident lawyer can gather the necessary evidence to build a strong case.

Some of the most valuable evidence in reckless driving cases comes from eyewitnesses, cameras, and physical traces left at the scene. Here’s a look at some of this evidence and how it can support your claim.

Witness Statements

Witnesses who saw the accident can offer important insights. They might have noticed the reckless driver's erratic behavior, such as speeding, tailgating, or weaving between lanes before the crash. Witnesses can also testify about how the driver reacted leading up to the accident. Maybe they saw the driver run a red light or swerve around traffic without signaling. These details can make a huge difference when you're trying to prove reckless driving.

A car accident attorney can obtain witness statements for you. Once they locate these witnesses, their statements can be used to paint a clearer picture of the reckless driver's actions in the moments before the crash.

Dashcam Footage

Dashcams have become increasingly common in recent years, and for good reason – they can provide objective, real-time evidence of what happened on the road. If you or another driver involved in the accident has dashcam footage, it can offer undeniable proof of reckless driving.

The video might show the reckless driver speeding, weaving between lanes, or even engaging in road rage. Since dashcam footage records continuously, it captures moments leading up to the accident that those involved might not remember clearly. Having this type of footage can strengthen your case by providing an impartial account of the driver’s behavior.

If you didn’t have a dashcam at the time of the accident, but someone else nearby did, your lawyer might be able to obtain a copy of the video. This can be an essential piece of evidence in proving the other driver’s reckless actions.

Traffic Camera Footage

Traffic cameras are another valuable source of evidence in reckless driving cases. Many intersections and highways have cameras that monitor traffic patterns, catch red-light runners, and record accidents as they happen.

If your accident occurred near an intersection or on a busy highway, it’s possible that a traffic camera captured the reckless driving. The footage might show the other driver speeding, swerving between lanes, or running a red light just before the crash.

Depending on where the accident occurred, your attorney can request access to this footage, which may be obtained from the city, state, or transportation department. Traffic camera footage is often a powerful tool because it offers an unbiased view of what happened and can corroborate other evidence, such as witness statements or dashcam footage.

Police Reports

After an accident, police typically arrive at the scene to assess the situation and file an official report. This report often includes details about the crash, the damage to the vehicles, and the officers’ initial impressions of what happened.

In reckless driving cases, police may note whether the other driver was speeding, under the influence of alcohol, or displaying aggressive behavior. Officers might also list whether any traffic violations occurred, such as running a red light or failing to yield.

Police reports are important because they serve as an official incident record. Your lawyer can use the information in the report to help build your case and show that the reckless driver violated traffic laws.

Skid Marks and Accident Reconstruction

Physical evidence at the crash scene can also prove reckless driving. Skid marks, for example, can indicate how fast a vehicle was going and whether the driver tried to stop suddenly. The length, location, and angle of skid marks can give insight into the driver’s behavior in the moments before the collision.

In more complex cases, accident reconstruction may be necessary. Accident reconstruction specialists can analyze the scene, review vehicle damage, and use physics to determine factors like speed, point of impact, and trajectory. Their findings can help prove that the other driver behaved recklessly and that their actions caused the accident.

Accident reconstruction evidence can be especially valuable if the reckless driving case goes to court. It provides a scientific analysis of the crash, which can be presented to a judge or jury to explain what likely happened based on the physical evidence.

The Long-Term Impact of a Reckless Driving Accident

Being involved in a reckless driving accident can have long-lasting effects on your life. Depending on the severity of the crash, you can be facing months or even years of medical treatment, physical therapy, and rehabilitation. You might be unable to work, which can lead to financial strain, and the emotional toll of being involved in such a traumatic event can’t be understated.

Reckless driving accidents also tend to involve more severe injuries than other types of accidents. The excessive speed, aggressive maneuvers, and general lack of regard for safety often lead to higher-impact collisions, which in turn result in more serious injuries. Some of the most common injuries seen in reckless driving accidents include:

  • Traumatic brain injuries (TBI): A TBI can occur when the head is violently struck or jolted during a crash. The long-term effects of a TBI can include memory problems, difficulty concentrating, and mood changes.
  • Spinal cord injuries: Damage to the spinal cord can result in partial or complete paralysis, depending on the severity of the injury.
  • Broken bones: High-speed collisions often result in broken bones, which can require surgery, physical therapy, and long recovery periods.
  • Internal injuries: The force of impact in a reckless driving accident can cause damage to internal organs, leading to life-threatening complications.

If you’ve suffered any of these injuries in a reckless driving accident, it’s important to seek compensation for your medical expenses, lost income, and other damages. A car accident lawyer can fight for the justice and compensation you deserve.

Emotional and Psychological Effects of Reckless Driving Accidents

The physical injuries from a reckless driving accident are often the most obvious, but the emotional and psychological effects can be just as devastating. After being involved in such a traumatic event, many people experience symptoms of post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health issues.

You might find yourself reliving the accident over and over again, struggling to get behind the wheel of a car, or even avoiding driving altogether. These emotional scars can take a long time to heal and can affect every aspect of your life, from your ability to work to your relationships with friends and family.

A car accident lawyer can help ensure these emotional and psychological effects are considered when seeking compensation. You deserve to be compensated not just for your physical injuries but for the emotional and psychological toll that the accident has taken on your life.

Why You Shouldn’t Delay Seeking Legal Help

If you’ve suffered an injury in a reckless driving accident, you don’t want to wait to seek legal help. The longer it takes you to hire a lawyer, the harder it can be to collect evidence, track down witnesses, and build the most effective case possible.

A car accident attorney can help you get started right away so you can focus on your recovery while they handle the legal details. A personal injury attorney has the knowledge and experience to handle the legal process of a reckless driving case.

Reckless driving accidents can instantly change your life, but you don’t have to go through the aftermath alone. Reach out to a car accident lawyer to ensure you get the compensation you deserve for your injuries, medical bills, lost income, and pain and suffering. Please don’t hesitate to contact a skilled attorney online so you can schedule a free consultation.

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Jarrett Blakeley

Firm founder Jarrett Blakeley, a dedicated Fort Lauderdale car accident lawyer fights to get maximum compensation for all of Blakeley Law Firm’s clients. He has been practicing law since 2006 and takes great pride in representing the rights of injured individuals against the insurance companies and the law firms that represent them. He has successfully represented thousands of clients and recovered tens of millions of dollars on their behalf. Mr. Blakeley strives to give all of his clients personal attention and maximum effort and seeks to instill a firm culture that prioritizes customer service and compassion for the injured over all else. Fighting for the injured is Jarrett Blakeley’s greatest passion and he looks forward to fighting for the injured for the rest of his career.

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