What Is Reckless Driving in California
I’m Ed Smith, a Roseville Personal Injury Lawyer. Reckless driving often has major consequences for both the driver who disregards others on the road and those injured or killed in a collision. California imposes serious fines and even imprisonment when reckless driving occurs. Yet, acts of wanton recklessness on the roadways continue to happen. Let’s look at what reckless driving is, how it impacts those who drive recklessly and those injured in a crash as well as families who lose a loved one to a reckless driver.
What Is Reckless Driving?
According to California law, reckless driving relates to the act of driving in a wanton or willful manner that disregards the safety of others on the road as well as their property. This is true of those driving on highways or city streets as well as parking lots. Reckless driving is a serious moving traffic offense and can be due to:
- Speeding: This is defined as going a minimum of 20 mph over the speed limit.
- Not using signals: This is true if a driver makes a turn or goes from one lane to another without using their turn signals.
- Failing to stop: If a driver does not stop at a red light or a stop sign, it can be considered reckless driving.
- Not using special care in hazardous conditions: A driver is expected to use special care when the weather is inclement, or the roadway itself is dangerous.
- Racing: A driver who races other motor vehicles engages in reckless behavior.
- Driving so as to evade police is considered reckless driving.
- Distracted driving: Usually, this involves using a cell phone while driving.
- Driving Drunk: This includes driving under the influence of alcohol or drugs as well as over-the-counter meds.
- Drowsy Driving: This occurs when a driver is too fatigued to drive safely but continues to do so. Falling asleep at the wheel is a major cause of reckless driving accidents. According to the National Highway Traffic Safety Administration, about 900 lives are lost due to drowsy driving annually.
Reckless Driving Penalties
Reckless driving is a misdemeanor in California and is accompanied by hefty fines and jail time. In addition, a driver receives two points on their driving record. If combined with a DUI, penalties can be higher.
Proving Negligence
If another motorist, bicyclist or pedestrian is injured by a reckless driver, it is necessary for the plaintiff to prove that the driver was acting in a negligent manner. In the case where a driver is charged with reckless driving, the burden of proof is lessened. Since criminal charges require a higher burden of proof, this can be used to prove negligence in a personal injury case.
Injuries Involved in Reckless Driving
Reckless driving can cause a host of injuries ranging from minor to serious. Some of the potentially life threatening injuries include traumatic brain injury and spinal cord injury as well as abdominal and chest trauma. While fractured limbs and lacerations heal with medical treatment, they can result in long hospital stays and lengthy rehabilitation.
Speeding and Pedestrian Injury
The potential to cause significant pedestrian injury is affected by the speed of a vehicle before impact. The potential for pedestrian death is increased at a speed over 40 mph. A pedestrian has a 50-percent risk of dying at 40.6 mph and a 10-percent risk of death at 24.1 mph.
Personal Injury Lawyers in Roseville
I’m Ed Smith, a Roseville Personal Injury Lawyer. If a reckless driver causes you harm or a loved one dies due to the driver’s lack of care, you would benefit from the insight an experienced injury lawyer can provide. Reach out to me at (916) 921-6400 in the Roseville area or (800) 404-5400 nationwide. You can reach me online too.
I’ve been helping residents of Roseville and Northern California receive the compensation they deserve in wrongful deaths and catastrophic injuries such as brain trauma for 36 years.
You probably would like to know more about my practice. Go to my Avvo, Yelp or Google pages. If you want to see how I resolved previous cases, take a look at my settlements and verdicts page.
I’ve won cases and negotiated settlements that exceeded $1 million for a past client. This is a prerequisite for becoming a member of the Million Dollar Advocates, a nationwide group. I am proud to say I am listed as a California member.
AutoAccident.com is the website established to help clients injured in accidents.
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