What is the distinction between reckless and negligent driving?
The injuries and damages in cases of reckless and negligent driving may be nearly identical. You might be curious about the distinctions between negligent and reckless driving if there are comparable injuries or property damages. In several states across the country, the latter has severe effects. While reckless driving could be regarded as a criminal, negligence while driving is normally a civil traffic penalty.
Unsafe Driving
Reckless driving is any driving that is illegal, unsafe, and shows no respect for the lives of other drivers or pedestrians. The risks associated with their conduct behind the wheel are known to those who drive recklessly, yet they persist in doing so. A careless driver has not only taken excessive risks, but has done so in places where there is a significant likelihood of suffering injury or causing damage. It is typically seen as criminal behaviour because the motorist acted with willfulness and intention.
Driving much beyond the speed limit is one example of reckless driving.
- not use turn signals for lane shifting or turning
- driving while intoxicated
- Talking on the phone or sending texts
- refusal to halt at Red lights or stop signs
- driving in the dark or in the rain without turning on the lights
- Public roads or unreported street racing
- driving when intoxicated with knowledge
Reckless driving
When drivers fail to exercise reasonable care while operating a vehicle, it is negligence and may result in property damage to one or more automobiles as well as personal injury. Drivers are required by law to behave in a certain way, and they are acting negligently when they choose to go against this requirement by acting improperly or not acting at all. Contrary to reckless drivers, negligent drivers are unaware of the risks involved in their activities, which is why these incidents are frequently categorised as traffic violations.
- Unintentionally failing to create a safe environment for pedestrians and other motorists is one example of negligent driving.
- Events that may be classified as “accidental” in certain circumstances
- Driving while under the influence of alcohol or medications that are not prescribed to you Driving on private property without permission.
Legal Action Against a Defendant for Careless vs. Negligent Driving
You may be eligible for compensation under the law if you were seriously hurt in an automobile accident. Though many plaintiffs aren’t aware, the defendant’s behaviour may have an impact on your chances of receiving compensation as well as the legal strategy you choose.
Consider a scenario where a defendant hit your car while street racing. If the defendant was distracted while driving but at a reasonable speed, the claim would be handled differently. The defendant in the street racing case would be viewed as a “reckless” driver, which would make it simpler for you to hold them accountable. Added punitive damages may be available as well, depending on the situation.
Car accident lawsuits involving either negligent or reckless driving present a variety of special problems. To get advice on what to do next, contact an accomplished auto accident lawyer. To schedule a free consultation, dial 11112222.
Damage amounts could vary
As a general rule, it is simpler to “scale up” the damages claim in a reckless driving case (as opposed to a negligent driving case), as the driver who hurt you was more likely to cause serious injury and engaged in behaviour for which a jury might feel like “punishing” them by awarding significant damages.
However, there may also be a lot of room for a punitive damages award in reckless driving situations.
Bonus damages that increase the base damages are known as punitive damages. For instance, if your case is worth $50,000, the punitive damages award could be up to $350,000, for a total recovery of $400,000 in damages.
However, punitive damages are only possible at the court’s discretion, and even then, only if you can prove that the defendant-driver participated in willful or flagrantly careless behaviour that put other people’s safety at risk.
It’s imperative that you pursue punitive damages whenever they may be possible, given the potential to increase the damages amount. To do this, you’ll need the assistance of a knowledgeable auto accident lawyer with expertise getting clients such damages.
Effects & Safety Advice
Depending on the severity of the collision, different states have different penalties for negligent and reckless driving, which can range from fines to jail. The repercussions of reckless driving are more severe than those of negligent driving because of its more serious character.
The following driving safety advice will help you drive safely and keep you, other drivers, and pedestrians safe:
- Give yourself plenty of time to reach your location. This will assist you in avoiding speeding, abrupt lane changes without indicating, and aggressive driving in general.
- When driving, put on glasses or contact lenses for clear vision, especially at night.
- Don’t text, talk on the phone, eat, or fiddle with the radio while you’re driving. Any of these activities make it simple to drive too fast, veer into other lanes, and disregard traffic signals.
- Don’t drive while intoxicated. Always designate a sober driver, have a nearby taxi number on hand, or stay with friends. License suspension and jail time are possible consequences of a DUI conviction.
Get a Free Consultation from a Car Accident Attorney today.
You might have a legal claim against the defendant if you were hurt in an automobile accident. Of course, the legal technique (and damages) involved may vary depending on whether the defendant-driver was operating negligently or recklessly. Working with a lawyer who is familiar with these difficulties is essential.
We’re here to assist you in obtaining the just recompense.
At 11112222, we keep a network of knowledgeable auto accident attorneys ready to offer a no-obligation consultation. After reviewing your case, one of our employees will put you in touch with a lawyer who can help you through the courtroom proceedings.
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