What is Considered Reckless Driving?

Car accidents happen every day. Most are minor fender-benders, but some collisions suggest more than just an accident. They point to recklessness.

If a car crash injured you or a family member because another person drove recklessly, you have a right to full and fair compensation for your injuries and losses.

Understanding what is considered reckless driving can explain how your accident may affect your claim and your ability to recover damages with the assistance of a Denver distracted driving accident attorney.

An experienced and skilled car accident can help you. At Fuicelli & Lee Injury Lawyers in Denver, Colorado, we’ve successfully helped victims of reckless driving accidents get their lives back on track with the maximum compensation they deserve.

We know the challenges you face, and we’re here to help you through this difficult time.

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The Difference Between Willful and Wanton Conduct

“Willful” and “wanton” are two words used to describe reckless driving, especially in a legal context.

“Willful” means the driver intentionally disregarded the safety of others. They knew their actions were dangerous but chose to do them anyway.

“Wanton” refers to a conscious choice to act recklessly, showing a complete lack of concern for others’ safety.

In reckless driving cases, these terms often go hand in hand. A reckless driver willfully engages in wanton behavior, putting everyone on the road at risk. Reckless drivers are also negligent; they engage in behaviors behind the wheel that put others at risk of serious injury and death.

Is Speeding Considered Reckless Driving?

Many states classify excessive speeding as reckless driving. While not all speeding cases are deemed reckless, driving significantly above the speed limit is often a key factor in reckless driving. Speeding reduces reaction time, increases stopping distance, and amplifies the severity of crashes.

Each state defines whether and when excessive speeding is reckless. In Colorado, for instance, driving 25 miles per hour or more over the speed limit can be considered reckless, especially in dangerous conditions such as heavy traffic, poor weather, and construction zones.

Excessive speeding is a misdemeanor in Colorado, resulting in fines and possible jail time.

What Other Factors Can Constitute Reckless Driving?

Reckless driving encompasses more than just speeding. Various intentional behaviors can be considered reckless, either with excessive speeding or on their own and when they jeopardize public safety.

These include:

• Running red lights or stop signs
• Weaving in and out of traffic
• Tailgating
• Racing other vehicles
• Ignoring traffic signals or road signs
• Driving under the influence of alcohol or drugs
• Texting or using a phone while driving
• Aggressive driving or road rage
• Passing on blind curves or hills
• Driving on the wrong side of the road

Any of these actions, alone or in combination, can lead to serious consequences and qualify as reckless driving.

Is Careless Driving the Same Thing as Reckless Driving?

People often use the terms careless driving and reckless driving interchangeably, but there is a big difference.

Careless driving typically involves negligence or a momentary lapse in judgment. For example, briefly taking your eyes off the road to change the radio station or falling asleep at the wheel could carelessly endanger others.

Reckless driving, on the other hand, involves a conscious disregard for the safety of others. It’s more severe and carries harsher penalties, including potential criminal charges.

But what does that mean for you if you were injured in a car accident?

Proving reckless driving rather than careless driving can significantly impact the outcome of your car accident case, including the compensation you receive. Reckless driving often leads to higher damage awards and may even open the door to punitive damages, which go beyond compensatory damages and punish the at-fault party for their behavior.

Reckless Drivers Should Be Punished

Reckless drivers endanger everyone on the road and should face serious consequences. If you were injured in a car accident caused by a reckless driver, you can and should take legal action to pursue compensation.

But reckless driving is more than a matter of civil litigation. If the offense is severe enough, the driver will normally face criminal charges as well.

Punishment for a reckless driving conviction may include:

• Heavy fines
• License suspension or revocation
• Points on their driving record
• Mandatory traffic school
• Misdemeanor or felony criminal charges
• Jail time
• Community service
• Increased insurance rates
• Civil liability for damages caused

These penalties deter dangerous behavior and promote road safety.

Commercial Truck Drivers and Reckless Driving

Commercial truck drivers bear an even greater responsibility to drive safely. They operate massive vehicles that can weigh up to 80,000 pounds when fully loaded—a stark contrast to the average passenger car, which weighs around 4,000 pounds.

Occupants of passenger vehicles often suffer catastrophic and fatal injuries when they’re involved in an accident with a tractor trailer or other commercial truck because of the size and weight disparity.

According to the National Highway Traffic Safety Administration (NHTSA), In one recent year, 523,796 large trucks crashed, resulting in 154,993 injuries and 5,788 deaths. These statistics underscore the devastating impact of truck accidents on our roads.

The NHTSA also reported that 3 percent of truck drivers involved in fatal truck crashes had blood alcohol concentrations of 0.08 grams per deciliter.

Commercial truck drivers also had a higher percentage of previous crashes than drivers of other vehicle types, and about 6.5 percent had previous license suspensions or revocations.

When a commercial driver is charged with reckless driving, the consequences are severe and far-reaching:

1. License Suspension: They face immediate suspension of their commercial driver’s license (CDL).
2. Career Impact: A reckless driving conviction can effectively end a truck driver’s career, as many companies won’t hire drivers with such offenses on their record.
3. Financial Penalties: Fines for reckless driving by commercial drivers are often higher than those for regular drivers.
4. Criminal Charges: In severe cases, reckless driving by a commercial driver can result in felony charges.
5. Increased Liability: Both the driver and their employer may face significant civil liability for damages caused.

If you were injured in a commercial truck crash and the truck driver was convicted of reckless driving, the compensation for your injuries could be substantially higher. An experienced truck accident lawyer who knows the trucking industry and the laws that govern it can help you get the maximum compensation for your injuries.

Teenagers and Reckless Driving

With their inexperience and tendency to take risks, teenage drivers are generally more likely to engage in reckless driving behaviors. Reckless underaged drivers create a dangerous situation for everyone, including themselves.

Criminal punishment for underage reckless driving may involve considerable repercussions, including:

• License suspension or revocation
• Fines and court costs
• Mandatory driver education courses
• Community service
• Probation
• Potential transfer to adult court for severe cases
• Long-term impact on driving record and insurance rates

These penalties aim to curb dangerous behaviors early and instill responsible driving habits in young drivers. However, the impact of underage reckless driving extends far beyond these legal consequences, especially when it results in accidents and injuries.

Most teens are covered under their parent’s auto insurance policy. However, in rare cases when the reckless teen driver is uninsured, a car accident lawyer can still help you pursue the compensation you deserve.

If an uninsured teen driver injured you, here’s what you need to know:

1. Parental Liability: In many states, parents can be held financially responsible for damages caused by their minor children. In some cases, the parent’s insurance company can pay for the damages.
2. Uninsured Motorist Coverage: If you have uninsured motorist coverage on your own auto insurance policy, you can file a claim with your own insurance company.
3. Victim Compensation Funds: Some states have victim compensation funds that can help cover medical expenses and lost wages or income for victims of crimes, which may include reckless driving in severe cases.

Injuries Caused by Reckless Driving

If an accident caused by someone else’s negligence or recklessness injured you, contact a lawyer.

According to the NHTSA, the most common injuries from car accidents include:

1. Whiplash
2. Neck and spine Injuries
3. Traumatic brain injuries
4. Soft tissue injuries
5. Broken bones and fractures
6. Cuts and lacerations
7. Internal injuries

These injuries can have lasting effects, requiring medical treatment and impacting your quality of life.

Reckless Driving Crashes Can Cause Chronic Issues:

Beyond immediate injuries, car accidents can lead to chronic issues that disrupt your life.

These hardships may include:

• Loss of transportation, affecting your ability to work and perform daily activities
• Loss of a job or income due to inability to work
• Psychological effects such as anxiety, depression, or PTSD
• Fear of driving, leading to reduced independence and mobility

These ongoing challenges highlight the importance of seeking compensation for your injuries.

Criminal and Civil Liability for Reckless Driving

Reckless driving can be either a traffic infraction or a criminal charge, depending on the circumstances and severity. In some states, reckless driving is classified as a misdemeanor, leading to criminal penalties.

A criminal conviction for reckless driving can strengthen your case by providing clear evidence of the driver’s dangerous behavior.

However, your car accident attorney can still file a civil claim for damages on your behalf without a reckless driving conviction.

How Do You Prove a Reckless Driver’s Negligence?

The legal world can be confusing, especially when dealing with the aftermath of an accident. Proving a driver acted negligently may seem clear-cut, but the process isn’t always as easy as it may seem.

You might think of proving negligence like building a four-legged chair. Each leg is essential, and if one is missing, the whole thing falls apart. Here are the four elements we need to establish:

Duty of care

Every driver has a responsibility to operate their vehicle safely. It’s not just a nice idea; it’s a legal obligation called their “duty of care.” When someone gets behind the wheel, they agree to follow traffic laws and look out for others on the road.

Breach of duty

Your car accident lawyer must show that the driver didn’t just make a minor mistake but acted recklessly. Maybe they were weaving through traffic or decided that traffic lights and speed limits weren’t relevant. Whatever the case, we must show that they failed in their duty of care.

Causation

This is where your car accident attorney connects the dots. They need to show that the driver’s reckless behavior wasn’t just dangerous — it directly caused the accident that injured you. Think of it like saying, “If they hadn’t been driving like that, none of this would have happened.”

Damages

Finally, your car accident attorney must show that you suffered real harm because of the accident. This could be physical injuries, emotional trauma, property damage, lost wages or anything that’s turned your life upside down as a result of the crash.

Damage Awards for Reckless Driving Injuries

Victims of reckless driving accidents can seek compensation for various types of injuries.

These damages are divided into economic and non-economic categories:

• Economic damages: Medical expenses, lost wages, rehabilitation costs, and property damage
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium

These damages aim to restore the victim’s financial stability and quality of life.

Punitive Damages for Reckless Driving Accidents

Punitive damages are awarded in cases where the driver’s behavior was particularly reprehensible. These damages punish the driver and deter the offender from engaging in similar conduct.

Punitive damages are often higher than the compensatory damages. To seek punitive damages, your lawyer must demonstrate that the driver’s actions were willful, wanton, or malicious. Behaviors such as extreme speeding, DUI, or aggressive driving can lead to punitive damages.

Insurance Companies Avoid Fair Payment

Insurance companies are notorious for minimizing payouts to accident victims. They might downplay the severity of injuries, question the circumstances of the accident, or delay settlement processes. An aggressive and experienced car accident attorney ensures you receive fair compensation and stand up to these tactics.

Hiring a trial lawyer for your car accident case can be especially helpful. Insurance companies know that experienced trial lawyers mean business and will take your case to court if necessary to get you the compensation you need. This may lead to higher settlement offers from the start.

How Reckless Driving Injury Lawyers Can Help

When the dust settles after a reckless driving accident, you may wonder how you will get through this. You’re hurting, you’re stressed, and you’re probably not sure if the insurance company’s offer to settle is fair.

At Fuicelli & Lee Injury Lawyers, we’re not just attorneys; we’re your advocates, your support system, and your guides through this difficult time. We’ve seen firsthand how reckless driving can shatter lives, and we’re committed to helping you pick up the pieces.

What sets us apart:

1. We’re listeners first. Your story matters, and we want to hear every detail.
2. We’re investigators with a drive to uncover the truth.
3. We’re negotiators who won’t back down when your future is on the line.
4. We’re fighters who aren’t afraid to go to court if that’s what it takes to get the full, fair and complete compensation you deserve.

Just as importantly, we’re people who genuinely care about your well-being and your future.

Don’t let a reckless driver’s actions define your future. Call us today at (303) 444-4444 for a free consultation, or use our online contact form. No pressure, no obligations.

If you are a lawyer and need help with a difficult case or just need the extra help, we welcome the opportunity to partner with you. Many of our cases come to us through partnerships and referrals.