The occurrence of a car accident can trigger a complicated legal process involving various drivers, insurance companies, and lawyers. Traffic congestion, fear of being late, and lack of compassion and empathy for others are significant factors that contribute to drivers operating their vehicles recklessly.
Reckless driving is a rapidly growing menace in Jersey City. When it comes to reckless driving, a driver may exhibit extreme aggression or anger that can pose a significant risk to the safety and well-being of other drivers and/or pedestrians.
If you’re a victim of reckless driving, an experienced Jersey City car accident lawyer can help you compile key evidence by recreating the accident scene, collecting witness statements, investigating the driving history of the at-fault driver, and reviewing traffic camera footage, if available.
What Is Reckless Driving?
To better figure out reckless driving, it is critical to understand aggressive driving. According to the National Highway and Transportation Safety Administration (NHTSA), aggressive driving is “when an individual commits a combination of moving traffic offenses to endanger other persons or property.”
Reckless driving takes aggressive driving further into a more potentially dangerous territory. New Jersey law refers to reckless driving as the operation of a vehicle heedlessly, demonstrating a willful or wanton disregard for the rights and safety of others, to endanger, or likely to endanger, an individual or property.
Examples Of Reckless Driving
Common behaviors associated with reckless driving include:
- Excessive speeding
- Driving under the influence of drugs or alcohol
- Illegal lane switching
- Forcing another car off the road
- Racing
- Hitting, tailgating, bumping, or sideswiping another vehicle
Legal Remedies Available To A Victim Of Reckless Driving
Prosecutors may bring charges against a reckless driver for specific motor vehicle code violations in New Jersey or for using a vehicle to commit a violent crime. Reckless driving charges in New Jersey may result in fines, penalties, and jail time for a felony or misdemeanor, depending on the severity of the consequences.
Reckless driving can be a criminal offense as well as a civil offense. While criminal prosecution requires the “beyond a reasonable doubt” standard of proof, a civil lawsuit applies to a much more lenient “preponderance of evidence” standard. It is far easier to win a civil lawsuit.
New Jersey is a no-fault insurance state. Your Personal Injury Protection (PIP) covers your medical bills, lost wages, and other damages, regardless of who is at fault. If your injuries are severe and meet New Jersey’s serious injuries threshold, a knowledgeable car accident lawyer can help you step out of the no-fault insurance system and file a lawsuit against the at-fault party.
Proving Liability In Reckless Driving Cases
In New Jersey, personal injury lawsuits involving reckless driving are allowed based upon negligence per se. Negligence per se arises in cases where the party causing the accident is deemed negligent because they violated a specific law designed to protect the health and welfare of the general public.
The New Jersey Statute 39:4-96 on reckless driving is enacted to protect the welfare of the general public.
- Proving negligence per se is easier to prove than regular negligence as it involves establishing fewer elements.
- The injured party would only need to prove that the driver’s actions were the direct and proximate cause of their injuries and damages.
- Personal injury claims resulting from reckless driving often result in higher award amounts. Damages are greater because of the conscious disregard for people’s right to safety.
The Critical Steps To Take After An Accident Involving A Reckless Driver
If you are involved in an auto accident with a reckless driver in Jersey City, you must call the police immediately after the car crash and take the following steps can protect your right to secure adequate compensation:
- Call 911 if medical or police assistance is needed
- Remain at the accident scene without obstructing traffic and provide your name, address, and vehicle registration number to any driver or passenger of any other vehicle involved in the accident.
- Receive prompt medical treatment to document your injuries
- Refrain from posting details of the accident on social media platforms or providing a recorded statement to insurers
- Do not blame anyone for the accident or exaggerate when describing the details of the accident
- Avoid any apologies. The other party or your insurers could interpret it as an admission of fault
Injured in a reckless driving accident? Contact Us
Sound legal representation is critical for protecting your best interests if you have suffered injuries due to a reckless driver’s willful and wanton disregard for the safety of others.
Omni Injury & Accident Law may be able to provide legal guidance to help you recover fair and just compensation for your injuries, lost income, and other damages. Schedule your free consultation with our personal injury lawyer today!