What Is Considered Reckless or Careless Driving?

Reckless driving is generally defined as any behavior on the road that demonstrates an intentional, conscious, or careless disregard for road safety and the well-being of others on the road. It can occur anywhere, whether driving on a freeway or traversing local back roads. It can involve new or inexperienced drivers or experienced ones who take unnecessary risks on the road. It can also involve drivers of various vehicle types, whether cars, trucks, vans, or even motorcycles.

The following are just some examples of reckless driving:

• Speeding or maintaining an unsafe speed when road conditions are taken into account
• Tailgating or following too closely
• Cutting someone else off, unsafely merging, weaving, or swerving into another party’s lane
• Driving without exercising proper caution under the circumstances
• Driving while drowsy, fatigued, or distracted, such as by the use of electronics
• Driving under the influence of drugs or alcohol
• Breaking traffic laws or the rules of the road without regard for others’ safety

What Makes Careless Driving or Reckless Driving Particularly Serious?

Reckless or careless driving is an extremely dangerous and serious issue for several reasons:

• It can make it harder to maintain control over a vehicle, which equates to a greater likelihood that the driver will lose control and cause an accident.
• Certain reckless driving behaviors, such as extreme speed, can cause more significant, even catastrophic injuries in the case of an accident, including spinal or back injuries, traumatic brain injuries, full or partial paralysis, and even the wrongful death of a victim.
• Reckless driving costs a lot of money, including major medical expenses for the victim, general damages for parties in an accident, and enforcement costs for the authorities.
• Reckless driving often constitutes a serious crime, particularly if the perpetrator causes damage or injury, and it can also lead to stiff liability for civil damages.

What are the Penalties for Reckless Driving?

Reckless driving is a criminal matter in most states, and Texas is no exception. In Texas, a person commits the offense of reckless driving “if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.” That action can lead to both fines and jail time, making reckless driving a serious matter.

In addition to criminal penalties, engaging in reckless driving can mean significant civil liability for the injuries and damages that result to others. If you’re a victim of someone else’s reckless driving, which resulted in an accident, you can not only file an insurance claim but also file a lawsuit to compensate you for the financial losses you have suffered as a result of your accident.

Generally, this means filing a negligence claim, where you will need to show that the person’s reckless driving constituted a breach of their duty of reasonable care to you on the road. You will also need to show that the person’s reckless driving was the direct cause of your damages.

Compensation in a Reckless Driving Case

In an accident caused by reckless driving, there are various types of general and out-of-pocket damages you may be able to recover. General damages are those that cannot be readily accounted for, sometimes needing the assistance of a jury to put a dollar amount on them. There are also out-of-pocket costs that you have incurred as a result of your accident.

Examples of general damages include:

• Pain and suffering
• Mental anguish and emotional distress
• Lost future wages or income if you cannot work after your accident
• Loss of enjoyment of activities that you can no longer do
• Loss of consortium
• Scarring or disfigurement
• A general decline in the quality of your life

Examples of out-of-pocket damages include:

• Hospital stays
• The costs of medical testing, imaging, and treatments
• Doctors and specialists’ visits
• Prescription medications
• Mechanic’s bills
• The replacement cost of your vehicle
• The loss of your income from your current job
• The cost of nursing or home care

How Can Johnson Garcia Help With Your Car Accident Case Resulting From Someone Else’s Reckless Driving?

A car accident can leave you struggling and facing serious injuries, and it is important that you get the medical care you need, as well as sound legal advice to help you recover compensation for your damages. When another party’s reckless driving caused the accident, you will need to ensure you have solid evidence to prove your claim.

With over 35 years of combined experience, we have helped many clients with even the most catastrophic injuries recover compensation, and our reviews from our clients and our track record speak for themselves.

Our goal is to focus on your case so that you can focus on getting better. We will negotiate on your behalf towards a favorable settlement, and we are not afraid to face even the largest insurance companies, even when their goal is to minimize your payout as much as possible.

When the other party or their insurer is not negotiating fairly, we can help file a lawsuit on your behalf and take your case to trial, if needed. If you have suffered a serious injury during a hit-and-run accident that was the fault of another party, contact the personal injury lawyers at Johnson Garcia for a free consultation.