What is Considered Reckless Driving?
Reckless driving includes dangerous maneuvers such as speeding, tailgating, changing lanes without signaling, running red lights, and driving while under the influence of alcohol or drugs. These behaviors create hazards by reducing a driver’s ability to react quickly or make safe decisions. As a result, accidents can occur, often leading to serious injuries.
If you recently suffered injuries in a reckless driving accident, a Phoenix car accident lawyer can help by investigating your accident circumstances, gathering important evidence, and negotiating with insurance companies on your behalf. They will aggressively pursue the compensation you deserve for all of your medical expenses, lost earnings, pain and suffering, and other related losses.
Common Types of Reckless Driving Maneuvers
Reckless driving refers to operating a vehicle in a manner that shows disregard for the safety of others or for traffic laws. It often involves aggressive or dangerous maneuvers that put everyone on the road at risk.
One of the most common types of reckless driving is speeding, where drivers exceed the posted speed limits or drive too fast for road or weather conditions. Speeding reduces a driver’s ability to react to sudden changes, such as unexpected stops or obstacles, and can make it difficult for other drivers to anticipate their movements.
Tailgating is another frequent reckless maneuver. When a driver follows too closely behind another vehicle, they reduce the amount of time they have to react if the leading vehicle slows down or stops. This not only increases the likelihood of a rear-end collision but also creates a sense of intimidation for the driver ahead.
Changing lanes without signaling or without checking blind spots is another common form of reckless driving. Drivers who fail to signal may cause confusion for other drivers and increase the chance of collisions. Additionally, abrupt lane changes can force other vehicles to brake suddenly or swerve to avoid a crash.
Running red lights or stop signs is a reckless maneuver that disregards traffic control signals. This behavior can lead to dangerous intersection collisions, as drivers who are obeying the signals may not anticipate another vehicle entering the intersection.
Driving under the influence of alcohol or drugs is another well-known form of reckless driving. Impaired drivers often have slower reaction times, reduced judgment, and diminished motor skills, making it much harder for them to drive safely.
Finally, street racing is an example of reckless driving. In these situations, drivers engage in high-speed races on public roads, often weaving in and out of traffic, ignoring traffic signals, and driving in an unpredictable manner. This can endanger not only the racers but also innocent motorists, passengers, and bystanders.
Types of Accidents that Can Result from Reckless Driving
Reckless driving is a major cause of many dangerous and life-threatening accidents. One of the most common types is a sideswipe accident, which occurs when two vehicles traveling in the same direction make contact with each other – typically when one driver changes lanes without signaling or checking blind spots. This often happens in high-speed traffic situations or when drivers fail to stay in their lanes.
Another frequent type of accident that results from reckless driving is a rear-end collision. This happens when a driver follows another vehicle too closely, failing to maintain a safe distance. If the vehicle in front stops or slows down, the tailgating driver may not have enough time to react, leading to a crash. Rear-end accidents can result in whiplash, spinal injuries, and other serious harm, especially if the vehicles are traveling at high speeds or if the crash occurs at an intersection.
T-bone accidents, also known as side-impact crashes, are particularly dangerous and often occur when a driver negligently runs a red light or fails to yield at a stop sign. In these accidents, the front of one vehicle strikes the side of another. The collision can be severe, especially since the side of a vehicle provides less protection than the front or rear. T-bone accidents often lead to significant injuries, particularly for passengers sitting on the side of the vehicle that is hit.
Rollover accidents are another type of crash commonly associated with reckless driving, especially when drivers speed, take sharp turns, or drive under the influence of alcohol or drugs. In these situations, the vehicle may lose stability and flip over. Rollover accidents can be extremely dangerous, as they often cause occupants to be ejected from the vehicle or trapped inside, leading to serious or fatal injuries.
Finally, head-on crashes are some of the most catastrophic accidents that result from reckless driving. These typically occur when a driver veers into oncoming traffic, either due to speeding, impairment, or distracted driving. Since both vehicles are often traveling at high speeds, the force of the collision can cause devastating injuries or death.
Injuries in a Reckless Driving Accident Case
Reckless driving can lead to a variety of accidents, many of which result in serious injuries. Here are some of the most common types of injuries sustained in reckless driving crashes:
- Whiplash: One of the most common injuries in rear-end collisions, whiplash occurs when the neck and head are jolted forward and then quickly snapped back. This sudden movement can cause strain and damage to the muscles, ligaments, and tendons in the neck, leading to stiffness, pain, and limited range of motion. In severe cases, it can cause long-term discomfort or chronic pain.
- Broken Bones: Fractures, particularly in the arms, legs, ribs, and collarbones, are also common in reckless driving accidents. These injuries can happen due to the force of impact during a crash, especially in head-on or rollover accidents. Broken bones often require immediate medical attention and can lead to long recovery times, requiring casts, surgeries, and physical therapy.
- Head Injuries: Head injuries are some of the most serious consequences of reckless driving. Concussions, skull fractures, and traumatic brain injuries (TBIs) may result from a sudden impact – especially in T-bone or rollover accidents. Head injuries can have lasting effects on cognitive function, memory, and coordination, and in severe cases, they can be fatal. Even seemingly minor blows to the head can cause significant harm if not properly treated.
- Spinal Injuries: Reckless driving accidents can also lead to spinal cord injuries, which may range from mild to severe. Damage to the spinal cord can result in partial or complete paralysis, depending on the location and extent of the injury. Victims of spinal injuries may require lifelong medical care and rehabilitation. These injuries are most often seen in high-speed crashes, such as head-on collisions or rollovers.
- Internal Injuries: Internal injuries, such as damage to the organs (liver, kidneys, lungs, etc.), can occur when the force of a crash causes the victim’s body to slam against the seatbelt, dashboard, or steering wheel. These injuries can be life-threatening, as they may not be immediately visible. Internal bleeding can occur, requiring urgent medical treatment to prevent further complications.
- Lacerations and Abrasions: Cuts and scrapes are also common in accidents, particularly when glass shatters or debris from the collision strikes the passengers. While these injuries may seem minor at first, deep cuts can lead to infections if not treated properly.
How to Prove a Reckless Driving Accident Case
Proving the legal elements of a reckless driving accident claim or lawsuit involves demonstrating that the other driver’s actions were negligent or intentionally dangerous, resulting in harm. To succeed in such a claim, you must establish several key elements: duty of care, breach of duty, causation, and damages.
First, you must show that the other driver owed you a duty of care. In any driving situation, all drivers are expected to drive safely and follow all traffic laws to protect others on the road. This duty of care is established simply because you and the other driver were present on the road. Every driver is required to act in a manner that prevents harm to others, including obeying speed limits, stopping at traffic signals, and avoiding risky maneuvers like tailgating or swerving in and out of lanes.
Next, you need to prove that the driver breached this duty of care through reckless or dangerous behavior. Reckless driving includes actions like speeding, ignoring traffic signs, driving under the influence of alcohol or drugs, or engaging in aggressive driving like road rage. To establish a breach, you may need to gather evidence such as traffic camera footage, eyewitness testimony, or police reports that show the driver was acting in a way that violated traffic laws or common standards of safety.
Once the breach of duty is established, you must show that the driver’s reckless actions directly caused the accident and your injuries. This is known as causation. You will need to demonstrate that the accident wouldn’t have happened if the other driver hadn’t engaged in reckless behavior. In many cases, this element can be supported through accident reconstruction experts, eyewitness accounts, and physical evidence from the crash scene, such as skid marks or vehicle damage. If you can show that the driver’s actions directly caused the accident, then causation is established.
Finally, you must show that you suffered damages as a result of the accident. These damages can be physical, emotional, or financial. This includes medical bills, lost income, pain and suffering, and property damage. Providing medical records, bills, pay stubs, and other documentation of your losses will substantiate this element of your claim. A personal injury attorney knows how to handle this process and can obtain the compensation you deserve.
Types of Compensable Losses in a Reckless Driving Accident Claim or Lawsuit
In a reckless driving accident claim or lawsuit, victims can seek compensation for the various damages they suffer as a result of the crash. The purpose of compensation is to make the victim “whole” again by covering both tangible and intangible losses. The most common types of recoverable damages in these cases include medical expenses, lost income, property damage, pain and suffering, and, in some cases, punitive damages.
Medical expenses are one of the most straightforward recoverable losses. This includes both immediate and ongoing medical costs, such as hospital bills, doctor visits, surgeries, prescription medications, and rehabilitation services. If the victim has long-term injuries that require chronic care, these future medical expenses can also be part of the claim. The goal of your personal injury attorney is to obtain a settlement to cover all healthcare-related costs resulting from the accident.
Lost earnings represent another important category of compensation. If the victim is unable to work due to injuries sustained in the accident, they can recover compensation for the income they have lost. This includes both the income missed during recovery and any potential future loss of earnings if the injuries result in long-term disability. Victims may need to provide documentation, such as pay stubs or a letter from their employer, to prove the amount of income they lost.
Property damage compensation is often a part of reckless driving claims, especially if the victim’s vehicle or personal belongings were damaged in the crash. This includes repair costs or the full replacement cost if the vehicle is totaled. Receipts, repair estimates, or expert evaluations can be used to substantiate property damage claims.
Pain and suffering is a non-economic loss for which compensation is intended to address the physical and emotional distress stemming from the accident. This can include both physical pain from injuries and emotional effects, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Although harder to quantify, pain and suffering is often calculated based on the severity of the injury and the extent to which it affects the victim’s daily life.
In some cases, punitive damages may also be awarded if the at-fault motorist’s reckless driving was particularly egregious. These damages are not meant to compensate the victim but to punish the wrongdoer and deter similar behavior in the future. Punitive damages are typically awarded in cases involving extreme recklessness, such as driving under the influence of alcohol or drugs.
Recovering compensation in a reckless driving accident case can provide much-needed financial relief and help victims cope with the consequences of the crash. Having the advocacy of a personal injury is the best choice.
Talk with an Experienced Motor Vehicle Accident Lawyer Today
If you recently suffered injuries in a reckless driving motor vehicle crash, a personal injury attorney in Phoenix can handle the legal process for you while you focus on recovering from your injuries. Your injury attorney will file a claim or lawsuit on your behalf, negotiate with insurance company adjusters, and work to maximize the compensation you recover.