If the other driver involved in your car accident was engaged in reckless driving at the time of the collision, it could have serious implications for fault and compensation. Work with a Middlesex County auto accident attorney for skilled representation and legal advice during your case.
Is Reckless Driving Illegal?
Yes, reckless driving is illegal in New Jersey. This law is outlined under N.J.S.A. 39:4-96, which defines reckless driving as operating 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.
Motor vehicles, while convenient and often necessary in everyday life, have the capacity to cause significant destruction. When an individual abuses their driving privileges by engaging in reckless driving, they are putting not only themselves but all other road users at risk. New Jersey law aims to prevent these types of accidents by prohibiting reckless driving.
What is Reckless Driving in an NJ Car Accident Case?
Although reckless driving is defined under New Jersey law, the regulation does not specify which behaviors are considered reckless. When you are dealing with a car accident case, however, in order to use reckless driving to establish the other driver’s liability, you must be able to provide specific evidence proving how they acted with disregard for your safety and the safety of others.
Some behaviors that are commonly considered reckless for the purpose of a car accident case include the following.
- Speeding
- Swerving in and out of lanes
- Driving while intoxicated
- Driving while on the phone, eating, or otherwise distracted
- Failing to yield the right of way
- Driving in the wrong direction on the highway
- Failing to observe traffic signs or signals
- Racing another vehicle
If the other driver did any of the above in the moments leading up to your accident, their behavior can be considered reckless. You can use this during your case.
What Are the Implications of Reckless Driving in an Accident Case?
Whether you are filing an insurance claim or lawsuit against another driver after your accident, the most important consideration is the establishment of liability and fault. Without proving that the other driver was responsible for the accident you will not be able to recover compensation for your associated damages.
If you can prove that the driver was reckless in their actions you can be awarded compensation for your medical expenses, loss of income due to recovery, the costs to repair damage to your vehicle, physical pain, emotional distress, and more. To prove reckless driving you can utilize various forms of evidence including:
- Surveillance footage
- Dashcam footage
- The police report
- Witness testimony
- Expert testimony
Car accident cases can be complex and the legal process is often daunting. Working with an experienced attorney will ensure you are adequately represented and your legal rights are protected throughout your case. Contact Stathis & Leonardis, LLC to discuss your situation with an experienced attorney today.
