Police officers have the authority to issue tickets and possibly even arrest those who drive poorly and cause crashes. Some drivers are likely already aware that the state can pursue reckless driving charges against those who display a wanton disregard for the safety of others.
Excessive speeding, racing on public highways and driving the wrong way on a one-way street are all examples of highly-unsafe driving practices that might lead to reckless driving allegations. Those involved in crashes caused by motorists who are clearly reckless while on the road may be eligible for compensation.
They might be able to pursue a civil lawsuit in addition to an insurance claim if their losses are substantial. What some people fail to realize is that a driver does not have to blatantly break the law to be responsible for a crash that they caused.
Negligence can be enough to warrant a lawsuit
Personal injury and wrongful death lawsuits often begin with a claim of negligence. The law permits people to initiate litigation in cases involving wrongful acts, including reckless driving. However, negligence is also sufficient grounds to hold a motorist accountable for causing a crash.
Even if the state cannot justify bringing a criminal charge against a driver, they may still be responsible for the impact of their conduct on others. The standard for negligence is easier to meet than the standard for reckless driving.
In reckless driving cases, drivers have to display a clear disregard for the safety of others. To establish negligence, the party affected by a crash only needs to show that a driver did something the average person recognizes is unsafe. Both the failure to complete actions that are necessary for safety and the decision to intentionally act in an unsafe manner could justify claims of negligence while driving.
It is also worth noting that the standard of evidence is different in civil court than it is in criminal court. The state needs proof beyond a reasonable doubt to secure a reckless driving conviction. Plaintiffs seeking compensation in civil court only need to demonstrate that a preponderance of the evidence supports their allegations against the driver who caused the crash.
Particularly in scenarios wherein people sustain significant injuries and a driver does not have adequate insurance coverage, a personal injury lawsuit after a car crash may be the best option available to the injured party. Recognizing that economic justice is available even when the state cannot prosecute someone can help people demand accountability after a major wreck.