What Is Considered Reckless Driving?

Reckless driving, also known as “reckless operation of a vehicle,” generally refers to egregious violations of the law that endanger the driver and others. Driving more than 25 miles per hour over the speed limit, fatigued driving, ignoring or missing traffic signals (like red lights and stop signs), texting while driving, and operating a vehicle while impaired can all qualify as reckless driving.

Reckless drivers often cause accidents for obvious reasons. They show a blatant disregard for safety, and innocent victims often pay the price. If you or a loved one suffered an injury by a reckless driver, hire a personal injury attorney to seek compensation for your accident-related damages.

Schedule a Free Consultation

 

Law Enforcement and Courts Have Some Discretion to Determine What “Reckless Driving” Is

As you may know, if you have been pulled over before, law enforcement officers have some discretion about what to charge or cite someone for. So long as a charge of reckless driving holds up to the legal definition, or it is likely to hold up in court, the officer may be justified in issuing a reckless driving citation.

A police officer may consider several factors when deciding whether to charge a motorist with reckless driving, including:

• How egregious the driver’s behavior was (if someone was driving 40 miles per hour over the speed limit, they may be more likely to face a reckless driving charge than someone driving 25 miles per hour over)
• The motorist’s insurance status and driving record
• How the motorist responds to the driver (being contrite may sway the odds of avoiding a reckless driving charge in the motorist’s favor)
• How the police officer is feeling that day

Police officers have their own unique decision-making processes. That said, in cases where the motorist has disregarded others’ safety, a charge of reckless driving is most often warranted.

Reckless Driving Is Technically More Serious Than Careless Driving, But Both Are Negligent

“Careless operation” is another driving-related offense enshrined in Louisiana law. This class of offense is generally considered to be less serious than reckless driving, but there may be offenses that can fit into either category—again, an officer’s discretion might determine when each category of offense is most appropriate.

Some motorist behaviors that may qualify as careless driving are:

• Swerving in and out of one’s lane
• Distracted driving
• Changing lanes or turning without using a signal
• Failing to yield to another motorist’s or pedestrian’s right of way
• Driving too slow
• Speeding that does not rise to the level of reckless driving
• Following too closely behind another vehicle
• Driving overly aggressively

Because there is some leeway for officers to determine what behavior qualifies as which kind of offense, it’s not easy to say which behaviors will be qualified as careless or reckless.

What is certain, though, is that every behavior that qualifies as careless and reckless driving increases the risk of an accident.

Reckless and Careless Driving Often Cause Accidents

About one-third of all traffic accident deaths happen, at least in part, because a motorist is speeding. About 37 people in the United States die each day because of drunk-driving accidents. These are just two of countless concrete examples showing the cost of careless and reckless driving.

Careless and reckless drivers do not typically intend to cause anyone harm. Yet, their willful disregard for others’ safety significantly increases accident risk—and any thinking person knows this. Therefore, anyone who operates their vehicle in an unsafe manner is accountable for any accident, injuries, and deaths resulting from the dangerous behavior.

Here’s What to Do After a Collision Resulting from Distracted or Careless Driving

If you or a loved one suffered an injury because of a careless or reckless driver, ask for help from professionals who treat accident-related injuries and seek compensation for accident victims. You should:

• Seek and accept medical attention

A careless or reckless driver may have shown little regard for your health, but that does not mean you should. In fact, you owe it to yourself and your loved ones to get a thorough medical examination after the accident.

Your medical provider will give you reliable diagnoses of injuries, present a treatment and recovery plan, and document the harm you suffered during the collision.

• Hire a lawyer to hold the reckless or careless driver accountable

Some people are uniquely qualified to handle certain duties. Personal injury lawyers are particularly suited to lead your auto accident case.

Accept a lawyer’s help. If you don’t obtain all the compensation you are entitled to after the accident, you may face long-term financial difficulties that drain your quality of life. A car accident attorney will be a critical advisor and sounding board to rely on after the crash.

Your Lawyer Will Take a Few Immediate Steps After You Hire Them

Your car accident lawyer will understand how costly a delay in your case can be. They will immediately begin pursuing fair compensation for you, and some of their high-priority duties will be:

• Reaching out to insurers: Most accident victims will need to notify at least one insurance company of the collision. Your lawyer will ensure that every liable insurer is aware of your crash and that you have filed claims with each of those insurance providers.

• Securing evidence from the collision: Allowing evidence to go unclaimed is one of the most common mistakes an accident victim can make. As soon as you formally hire your lawyer, they will begin collecting any video recordings, witness statements, police citations, expert testimony, and other evidence of reckless or careless driving—and the connection to your auto accident.

• Getting you the care you need: Excellent car accident lawyers’ primary concern is their client’s well-being. Expect your attorney to refer you to reliable medical providers, mental health experts, and anyone else who can improve your quality of life after the collision.
• Documenting your injuries: Your attorney will need to show the state of your injuries as they are immediately after the accident. This documentation will show how the at-fault party’s reckless or careless driving has harmed you. By showing your injuries just after the accident, your lawyer will be better able to track your recovery and account for all necessary medical care.

Your lawyer will also be available to you right away. If you have questions, need clarification of what to do after the crash, or need anything else, your lawyer will be just one call, text, email, or meeting away.

How Your Reckless Driving Accident Lawyer Will Pursue a Fair Financial Recovery for You

Reckless driving accident lawyers take a unique approach for each client they represent.

In some cases, insurance companies honor their coverage. In others, at-fault drivers are uninsured; in other cases, insurance companies choose to handle claims in bad faith. These are just some of the factors that may affect your lawyer’s case strategy, which may include:

Documenting All Damages from Injuries and the Traffic Accident

We discussed the importance of documenting your accident-related injuries. It is just as important to prove the damages you’ve suffered because of injuries and the auto accident.

Determining Your Case Value

Your lawyer will be aware that you’ve suffered both financial and non-economic harm because of the reckless driver. Your car accident attorney will determine the cost of each class of damages.

If you have yet to recover fully or are dealing with persistent damages, your lawyer may work with experts to project the future cost of those damages. Trust that your lawyer will not advise you to accept a settlement unless they are 100 percent certain the settlement will cover your damages.

Negotiating with Insurance Companies

Successfully negotiating a fair settlement with insurance representatives requires the following:

• Understanding what a “fair settlement” is
• Organizing evidence that the insurance company is responsible for your accident-related losses (which may primarily be evidence of the policyholder’s negligence)
• Understanding the insurance policy that entitles you to compensation
• Presenting documentation of your covered losses
• Being prepared for insurance companies’ pushback

Insurance companies have plenty of reasons to negotiate against your claim, with money being the primary motivation. Your attorney will enter negotiations on the offensive, making a compelling case for why you deserve the compensation they are seeking.

Leading a Lawsuit 

Most victims of auto accidents do not have to sue. However, a skilled attorney is always prepared for the possibility of a lawsuit.

If you choose to sue for any reason, your lawyer will be ready to draft and file the case. Your lawyer can negotiate a settlement after filing the lawsuit but will also be prepared to take your case to trial.

Your Auto Accident Attorney Will Not Tolerate Bad Faith from Insurance Companies

Auto accident cases can come with several challenges. Insurance companies’ attempts to underpay you are one of those challenges. Though some insurance companies handle claims the right way, many do not.

Your attorney will prevent bad-faith tactics from harming your case. Some of these tactics may include:

Blaming You Rather Than the Reckless Driver

Louisiana and many other states use fault-based insurance rules. This means that the motorist at fault for an accident bears the financial responsibility for the crash—which means their insurance company is also responsible.

If insurance companies try to blame you for the collision, your lawyer will:

• Point them to or present evidence showing you did not cause the collision
• Have experts testify that you are not at fault for the collision
• Identify who is responsible for the accident, which may be the insurance company’s policyholder

Blaming you may be easy, but proving that you caused the accident will not be.

Pressuring You to Accept a Lowball Offers

An accident victim might accept an insurance company’s lowball offer if they:

• Are inexperienced with insurance claims
• Are unaware that insurance providers can act in bad faith
• Don’t know how much their case is worth
• Are confused, irritable, depressed, or in another type of compromised state due to accident-related injuries or trauma

Accepting a lowball offer is one of the most catastrophic mistakes an accident victim can make. Rather than making this error, let your lawyer negotiate with insurance companies for you.

Delaying, Digging Their Heels In, and Fighting During Settlement Negotiations

Liable insurers may also make negotiations unnecessarily difficult for your attorney. Rather than honoring your lawyer’s reasonable demands, the insurance company may try every available measure to avoid paying the compensation you deserve.

Attorneys are used to insurance companies’ strategies. Let your lawyer deal with insurance companies on your behalf, as they will know how to neutralize any bad faith insurers use against your claim.

What Damages Can a Reckless or Careless Driver Cause?

Accident survivors might be fortunate to survive, but their quality of life often takes a substantial hit because of:

• Physical pain
• Psychological distress
• Emotional anguish
• Medical expenses (and the hassle of having to undergo medical treatment)
• The expense of repairing or replacing a vehicle
• Lost income
• Diminished earning power

If you are disabled or struggling with a long-term injury, this can add to the cost of your accident. Your lawyer will account for all medical equipment costs, caregiver services, and other burdens disabled accident victims often face.

Damages Victims Face When a Motorist Causes a Fatal Collision

Reckless and careless driving aren’t simply more likely to cause an accident. These dangerous behaviors are more likely to cause a fatal accident when engaged in risky behaviors like racing, extreme speeding, and impaired driving.

If you have lost a loved one because of a reckless driver, you should receive compensation for:

• Your pain and suffering, including your grief
• Funeral costs
• Loss of consortium
• Loss of the decedent’s household services
• Medical costs
• Loss of the decedent’s financial support

Lawyers understand loss. If you’re grappling with the passing of a loved one, an attorney will represent you effectively and compassionately.

Hire Your Reckless Driving Accident Lawyer Today

Reckless drivers and their insurance providers must bear the cost of any accident resulting from their negligence. A lawyer will work to ensure they, not you, cover your accident-related damages.