Reckless driving is one of the leading causes of car accidents, leading to severe injuries, fatalities, and significant property damage. When reckless driving is the cause of an accident, the legal implications for the at-fault driver and the victim can be complex. Victims of reckless driving accidents may be entitled to compensation for their injuries and losses, but pursuing a claim in such cases requires understanding the legal framework surrounding reckless driving, how it impacts liability, and the types of compensation available.
The following is an overview of reckless driving in car accidents, the role of negligence in claims, and the steps victims can take to seek justice and compensation. If you have been injured, call Shapiro, Washburn & Sharp to speak with a Norfolk car accident lawyer to find out what legal recourse you may have.
What Is Reckless Driving?
What defines reckless driving? Reckless driving refers to operating a vehicle in a manner that shows a complete disregard for the safety of others on the road. Unlike negligent driving, which involves carelessness, reckless driving is intentional and involves behavior that is so dangerous it may lead to an accident.
Common examples of reckless driving include:
- Speeding excessively, far above the speed limit, or at a rate that is not safe for road conditions.
- Running red lights or stop signs, ignoring traffic signals, and laws.
- Tailgating, following other vehicles too closely, reduces the driver’s ability to stop quickly if necessary.
- Street racing, engaging in competitive driving on public roads, often at high speeds.
- Aggressive driving includes weaving in and out of traffic, cutting off other drivers, and engaging in dangerous lane changes.
- Driving under the influence of alcohol or drugs, operating a vehicle while impaired.
- Distracted driving, using a phone or other distractions while driving at high speeds or in busy traffic.
Reckless driving is not only dangerous to the driver but also to everyone on the road, including passengers, pedestrians, and other drivers.
The Role of Reckless Driving in Car Accident Claims
In a car accident claim, determining fault is a critical part of the process. How does reckless driving influence a car accident claim? When reckless driving is involved, it can have a significant impact on the liability determination. Since reckless driving involves willful disregard for safety, it can elevate the at-fault driver’s responsibility in the accident, making them liable for damages.
Negligence vs. Recklessness
In personal injury law, there are different degrees of fault, and reckless driving generally falls under the category of “recklessness,” which is more severe than simple negligence. What is the difference between negligence and recklessness? Negligence refers to a failure to exercise the care that a reasonable person would use, while recklessness involves a conscious disregard of the risk of harm. In many cases, reckless driving may lead to punitive damages, which are awarded in addition to compensatory damages and are meant to punish the wrongdoer for particularly egregious behavior.
Evidence of Reckless Driving
To prove that reckless driving caused an accident, the victim’s legal team must gather compelling evidence. What evidence supports a reckless driving claim? Some forms of evidence that may be used in reckless driving claims include:
- Eyewitness testimony: Witnesses who saw the driver engaging in reckless behavior.
- Police reports: A law enforcement officer may indicate in the report that reckless driving was a factor in the accident.
- Traffic camera footage or dashcam video: Recorded evidence can show the driver’s behavior prior to the accident.
- Vehicle damage: The nature of the damage to the vehicles involved can sometimes indicate reckless behavior, such as rear-end collisions from tailgating or damage from high-speed impacts.
- Traffic citations: If the driver received a traffic ticket for reckless driving or related offenses, it can serve as strong evidence.
Insurance Claims
Reckless driving can complicate the process of filing an insurance claim. How does reckless driving affect insurance claims? If the at-fault driver was engaging in reckless behavior, their insurance company might argue that the driver was not acting within the scope of normal driving duties. In some cases, this could result in the insurance company denying coverage or offering lower compensation. However, if reckless driving is proven, it can lead to increased compensation for the victim, especially if punitive damages are awarded.
Liability and Compensation in Reckless Driving Accidents
Who is liable for damages in reckless driving accidents? In accidents involving reckless driving, the at-fault driver is typically liable for the damages caused. However, if the driver was acting as part of their employment at the time of the accident, the employer might also share some responsibility under the legal principle of vicarious liability. For example, if a delivery driver or a company truck driver is involved in a reckless driving accident, the employer could be partially liable for the accident.
Victims of reckless driving accidents are entitled to compensation for their injuries and losses. What types of damages can victims claim in a reckless driving accident?
Medical Expenses
Victims can seek compensation for the cost of their medical treatment, including emergency care, hospitalization, surgeries, medication, rehabilitation, and ongoing care. Medical bills can accumulate quickly, particularly in serious accidents, and the victim should be compensated for all necessary medical expenses.
Lost Wages and Earning Capacity
If the victim’s injuries prevent them from working or force them to take a lower-paying job, they may be entitled to compensation for lost wages. If the injury has a long-term impact on their ability to earn a living, the victim may also be compensated for reduced earning capacity.
Pain and Suffering
This is one of the most common forms of non-economic damages in personal injury claims. Victims of reckless driving accidents can seek compensation for the physical pain, emotional distress, and loss of enjoyment of life that result from their injuries. This includes both physical suffering and the mental and emotional impact of the accident.
Property Damage
In cases where the victim’s vehicle or other property was damaged in the accident, they can seek compensation to repair or replace the damaged property. This can include vehicle repairs, property replacement, and any other related costs.
Punitive Damages
In cases of extreme recklessness, punitive damages may be awarded. What are punitive damages? These damages are not intended to compensate the victim but to punish the wrongdoer for particularly egregious conduct. Punitive damages are more likely to be awarded in reckless driving cases where the driver’s behavior was especially dangerous or intentional, such as in cases involving DUI, excessive speeding, or street racing.
How Can a Car Accident Attorney Help?
A car accident attorney can help ensure you receive the insurance coverage you need to pay for your medical expenses, from initial emergency care to long-term rehabilitation. We will negotiate with the insurance providers involved and help you pursue compensation for all your losses, including lost wages and lost future wages as well as pain and suffering. If you are unable to return to work, we can help make sure you are compensated for that as well.
Contact our firm today for a free initial consultation. We can help make sure your settlement covers all your needed medical care, as we did for one client who suffered neck and back injuries in a car crash. We helped her recover $100,000 in a full-policy coverage insurance settlement.
Find our offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.
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An experienced personal injury attorney with dual licensure in Virginia and North Carolina, Eric Washburn received a B.B.A. in Finance from James Madison University—initially worked in the information technology field before obtaining his law degree from Thomas M. Cooley Law School in Lansing, Michigan. Once an Assistant Commonwealth’s Attorney in Danville, Va., Eric has been recognized by Super Lawyers Magazine as a “Rising Star” Super Lawyer in Virginia since 2014.
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