What Constitutes Reckless Driving in a Car Accident Claim?

When you are behind the wheel, you may witness a concerning amount of unsafe or negligent behavior from other drivers. Unfortunately, reckless driving can often lead to collisions and serious injuries. If you were injured by a reckless driver, it is imperative to understand your rights and the impact their behavior can have on a car accident claim. If this reflects your circumstances, keep reading to learn how our Irvine car accident lawyers may be able to assist you.

What Is Considered Reckless Driving?

It is important to understand that there is a considerable difference between negligence and reckless driving. When someone causes an accident through negligence, such as failing to follow the traffic signs or driving too quickly through a parking lot, it generally means that the person did not take the necessary steps to take reasonable care while behind the wheel, which typically results in a traffic violation and civil liability.

Reckless driving, on the other hand, is a broad phrase used to describe any behavior that reflects a “willful and wanton disregard” for the care and safety of others on the road. Common actions and driving behaviors that can warrant a reckless driving charge can include, but are not limited to:

• Excessive speeding
• Unsafe lane changes
• Racing
• Brake checking
• Tailgating
• Intentionally antagonizing other cars on the road
• Using the shoulder to pass vehicles

Will This Impact a Car Accident Claim in California?

If you are involved in an accident with a driver who was recklessly operating their vehicle at the time of the accident, it can have an impact on your case. Reckless driving can be considered negligence per se, which will change the burden of proof you must fulfill to bring a successful claim against the other person.

Negligence per se loosely translates to negligence in and of itself. As such, if someone violates a statute in place designed to keep others safe, they are presumed to have acted negligently when someone sustains an injury as a result. If the other driver is charged in relation to reckless driving at the time of your collision, their charges can be used as evidence in your personal injury case. To prove negligence per se you will need to show that the other driver violated a law intended to protect the general public from harm and that violation directly resulted in your injuries.

Sustaining injuries from an accident caused by reckless driving can have life-altering implications. Not only can you endure physical pain and suffering from your injuries, but it can also be incredibly traumatic, which is why fighting for the justice you deserve is critical.

At California Personal Injury Law Firm, APC, our team understands how difficult it can be to navigate a personal injury claim while healing from the injuries inflicted by a reckless driver. We can handle the legal complexities of your case so you can focus on healing from this accident. When you are hurt, contact our office to learn how we may be able to assist you.