If you are attempting to establish fault after a car accident, understanding what constitutes reckless driving can prove beneficial in your case. Work with an experienced Bergen County car accident lawyer for knowledgeable legal advice.
What is Reckless Driving?
Reckless driving is the unlawful act of operating a motor vehicle in a way that knowingly endangers people and/or the property of others. It is illegal in New Jersey to participate in reckless driving under Vehicle Code 39:4-96. The statute states the following.
- “A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving.”
Because reckless driving is against the law, an individual who is found guilty will face several legal penalties including the following.
- Up to 60 days in jail, or 3 months for a second or subsequent offense
- Up to $200 in fines, or $500 for a second or subsequent offense
- 5 points on the driving record
- License suspension
- Court fees
- Insurance surcharges
Why is Reckless Driving Relevant After a Car Accident?
Besides being associated with a variety of legal penalties, reckless driving can have serious implications in an auto accident case. The most important part of an auto accident-related insurance claim or lawsuit is determining liability.
New Jersey is a no-fault accident state, meaning that drivers must turn to their own insurance provider for compensation after an accident. However, if their policy does not cover the entirety of their expenses or if the accident was severe enough, they can also take legal action against the other driver. To collect any compensation they must first establish which driver caused the accident.
Because reckless driving is illegal, dangerous, and shows negligence, it can be used to place blame on the other driver. Once it has been determined that the other driver was reckless in their behavior, they can be held liable for compensating the victims for their associated losses and damages.
What Constitutes Reckless Driving in a Car Accident Case?
While reckless driving is relevant in a car accident case, the law does not specify which actions are considered reckless and which are not. The statute is left up to interpretation. However, the following behavior can generally be considered reckless driving for the purposes of a car accident case.
- Excessive speeding
- Weaving in and out of lanes aggressively
- Tailgating
- Driving on the shoulder
- Brake checking
- Texting or talking on the phone while driving
- Drunk or high driving
- Striking or almost striking pedestrians
- Disregarding traffic lights and the rules of the road
If you can prove any of the above you can establish reckless driving and fault in your car accident case. Consult with a skilled attorney for more information today.
