Every day when we go out on the roads, we expect the other motorists around us to act with caution and responsibility. Unfortunately, this is not always the case, and some drivers can act with extreme negligence and in turn cause severe injuries to you.
If you have been a victim of reckless driving, then you deserve to bring the motorist responsible to justice. Lawyers have compiled some information about reckless driving law to bring understanding to your situation.
What is reckless driving?
Reckless driving is defined when a motorist acts with extreme negligence and acts in a way that compromises the safety of others when they are behind the wheel. Some examples of reckless driving are:
- Speeding, typically driving more than 20 mph than the posted speed limit
- Weaving in and out of traffic at a fast pace and without proper signals
- Passing a stopped school bus
- Evading police if they have signaled for you to move over
- Improper signaling
- Failure the yield the right of way
- Driving a vehicle with known defects, such as broken brakes
- Racing another vehicle
- Driving while under the intoxication of drugs and/or alcohol
- Texting and/or talking on the phone when driving
It is important to note the difference between speeding and reckless driving. While speeding is a simple traffic violation, it can easily become a reckless driving charge if the motorist was using excessive and unnecessary speed.
Criminal VS. Civil Court
When it comes to reckless driving, your attorney will prosecute in two different courts. Criminal court is where the reckless driving charge is brought against the defendant, whereas you will bring your personal injury claim to civil court. The goal of criminal court is to hold the other driver accountable for this serious traffic violation, and once and if they have been arraigned, then you can sue for damages in civil court.
It can be hard to predict before the trial what damages you may get, as there are a lot of variants depending on the outcome of the motorist’s criminal charge, the severity of your injuries, and the cooperation from the other parties. Generally speaking, it is common to expect won damages to cover the cost of all medical, auto, and insurance bills, compensation for pain and suffering, and to pay back lost wages if the accident had you out of work. However, know that when it comes to civil cases, you can negotiate until you have settled on a fair compensation package. Many victims think they have to accept the first option offered to them, but this is not the case!
Working with an experienced reckless driving lawyer in Hillsville, VA is crucial when it comes to protecting your rights. You need a lawyer you can trust, one you can turn to for advice, to act as your legal advocate and voice of reason, and to be a skilled communicator. Do not feel as if you have to be alone during this time, and contact a law office today to schedule a consultation.
Thanks to The Law Offices of Mark T. Hurt for their insight into criminal defense and what you need to know about reckless driving.