All states have laws prohibiting reckless driving. However, what is considered reckless driving varies by state. Reckless driving generally falls into one of three driving-related offenses: traffic infractions, misdemeanors, or felonies. The penalties enforced vary by jurisdiction. Depending on the state and severity of the incident, reckless driving penalties range from paying a fine to driver’s license suspension and up to 90 days of jail time.
Speak to an experienced car accident attorney in Johnstown if you’ve been injured or lost a loved one due to reckless driving. You’ll want to discover a legal strategy for seeking justice and compensation for your losses.
You should also consult an attorney if you have been charged with reckless driving. They can help build a tailored defense strategy based on the specifics of your case. Depending on the circumstances of the incident, a lawyer can negotiate plea deals to reduce your reckless driving charge to a less serious traffic violation. Schedule a free consultation to discuss legal options and actions.
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In most states, reckless driving is a serious moving violation and a criminal offense. For example, it is a minor criminal or summary offense in Pennsylvania. If convicted, it will show up on criminal records. Reckless driving typically involves a motorist who drives a vehicle with willful or wanton (deliberate or unprovoked) disregard for the safety of persons (motorists, pedestrians, bicyclists) or property.
Speeding is a leading traffic violation and can be considered reckless or aggressive, depending on the speed and nature of the incident. Speeding is a risky driving behavior that has been involved in one-third of all motor vehicle fatalities for over two decades. In recent years, speeding has been a contributing factor to 29 percent of all traffic fatalities. Other examples of what is considered reckless driving include the following offenses:
Reckless driving differs from aggressive driving in that while both are unsafe ways to operate a motor vehicle, aggressive motorists drive recklessly with the intent to harm others. Aggressive driving can be a serious criminal offense, depending on the severity of the incident and state. Examples of aggressive driving include:
Road rage represents the most extreme form of aggressive driving and frequently results in violent behaviors, including assault and fatal injuries. Regardless of whether the driving infraction was reckless or aggressive, it’s essential to have an experienced attorney to address the challenges of these cases.
After filing a police report and the shock of the accident begins to settle, there are several things to prioritize following a reckless driving accident. You must seek appropriate medical attention, follow treatment recovery plans, and document your collision and injuries. Hiring a car accident lawyer ensures your case runs more smoothly than attempting to navigate the process alone.
Your primary concern should be seeking medical attention after a motor vehicle collision. A medical professional will treat your apparent injuries while evaluating the need to order tests and imaging for less obvious or hidden injuries. They will also document your accident, which is critical for reckless driving claims and lawsuits. Injuries a physician may evaluate you for following a collision include:
Treating physicians will order necessary testing and diagnostics and prescribe medical treatments before referring you to specialists to consult with when injuries warrant the need. While this is all pertinent to your recovery, it’s also vital for proper medical documentation when pursuing reckless driving claims and lawsuits.
Following your medical treatment recovery plan is essential for recovery or achieving your maximum medical improvement or treatment plateau. Your doctors will determine when you’ve recovered or are no longer responding to medical treatments. When injured parties miss appointments or have gaps in treatment, insurance companies can use it as evidence that they may not be as injured as they claim. It is critical that you follow all prescribed treatments, including physical therapy and other rehabilitation services.
Documenting your reckless driving accident and injuries is essential for proving fault and the extent of your injuries and damages. Injured parties must write a victim accounting of how the accident occurred. You must also keep a journal to document non-economic or intangible losses from the reckless driving accident. Journals should be dated with daily entries detailing your pain and suffering. Depending on your symptoms of injury, entries should entail:
Injured parties may also include details about doctor appointments, including the travel time to and from and response to treatments. The more detailed the entries, the better. Your car accident attorney will use your journal, detailed medical records, and expert witness testimony to establish pain and suffering.
As a reckless driving accident victim, you should hire an experienced car accident lawyer to represent your case. They know local laws regarding driving infractions and how they apply to personal injury cases. Experienced car accident lawyers have a network of experts they consult and have built valuable relationships within your community, including with defense attorneys and judges who may handle your case may come before. An attorney can help develop a legal strategy tailored to the circumstances of your case to ensure optimal results. Schedule a free consultation.
Injured parties must also exercise care in not doing certain things following a reckless driving accident, such as delaying medical care or not writing their victim’s accounting statement. They must also avoid communicating with liable insurance companies or posting to social media. Finally, accident victims mustn’t delay consulting with a car accident attorney to develop a plan for their case.
The idea of medical bills piling up without payment sometimes causes injured parties to put off medical treatments and prescribed procedures. However, undergoing necessary rehabilitation is crucial for healing and your reckless driving case. Not maintaining prescribed medical treatments can hinder or worsen your recovery. You don’t want to risk exacerbating symptoms of injury.
Attorneys may have valuable referrals to medical professionals who will treat you now and accept payment later. Many car accident lawyers work with a network of healthcare professionals who will focus on your recovery and wait until your case settles to receive payment for their services.
It usually involves placing a medical lien against your settlement. That means once your lawyer obtains compensation, they will pay medical liens (after negotiating them) with providers before disbursing your settlement check. If you are uninsured and need assistance finding medical professionals who operate within these arrangements, ask your attorney for referrals. Prioritize your health.
Finally, statutes of limitations limit your time to seek compensation for your healthcare expenses, income losses, and pain and suffering. Procrastinating treatment can cost you in the long run. Do not delay medical care. The statutes of limitations for filing for reckless driving vary by state. An attorney can clarify local regulations and deadlines when accepting your case.
Write down the details of your reckless driving accident while they are still fresh in your mind. Critical details can fade quickly. You don’t want to forget anything that pinpoints negligence or leads to establishing liability. Your statement is viable evidence that details how you perceived the accident. It should include the date, time, and location. Driver contact, insurance, and witness information should be noted. You’ll also want to include other details, like weather conditions and road hazards, such as large potholes, malfunctioning traffic lights, and missing road signage. These details can assist lawyers and insurers with their investigations.
A significant benefit of hiring an attorney is that they handle all communications with insurance companies. This service protects unsuspecting accident victims from doing or saying things that result in undervalued and denied claims. An insurance claim adjuster’s bottom line is saving their company money. To do that, they employ methods to minimize losses. Tactics insurance companies may use on accident victims without legal representation include:
Accident victims should avoid communicating with the reckless driver’s insurance company for many reasons. First, they risk admitting fault. Second, they may say something that insurance companies later use to negate liability and avoid compensating your claim. Let your lawyer handle all communications with liable insurance companies.
If you inform insurers that you have an attorney and they continue to call and harass you, you’ll need to report that. Your lawyer will file the necessary claim to report bad-faith insurance tactics and potentially pursue further compensation for harassment and emotional distress. Bad faith practices are unacceptable and illegal.
Whether you have one follower or thousands, refrain from updating your social media outlets while pursuing compensation for your reckless driving accident and injuries. Insurance companies are notorious for hiring private investigators to watch you, hoping to obtain anything incriminating they can use to deny your claim’s partial or total liability—this includes watching social media activity.
Injured parties should set all social media account settings to private and reject friend requests from people they do not know. Even innocent posts can be twisted to downplay the severity of your injuries or suggest you are faking injuries. While you should avoid posting altogether, you especially should not post about reckless driving accidents, injuries, treatment, or legal strategies.
Due to the complex and criminal nature of reckless driving accidents, it’s important that you do not delay hiring an experienced attorney to handle your case. A car accident lawyer will thoroughly investigate your claim to build a solid case for compensation by doing the following:
Schedule a free consultation with an experienced personal injury lawyer to review the circumstances of your case. You’ll want to uncover possible strategies and outcomes for securing financial compensation for your injuries and damages.
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