If the other driver in your accident was speeding or driving recklessly, they may be at fault for the accident and liable for your damages. Speeding and reckless driving significantly increase the odds of an accident, so there is a strong chance these actions contributed to your collision.
An attorney can evaluate your accident and work to get fair compensation from liable parties.
Types of Reckless Driving (Including Speeding) That Contributes to Motor Vehicle Accidents
Some accident victims question whether another motorist’s actions rise to the level of recklessness. Our attorneys can settle that question because we know what reckless driving entails, including the following behaviors:
Speeding is the most common example of dangerous driving. Even safe drivers sometimes accelerate beyond the speed limit. The National Highway Traffic Safety Administration (NHTSA) explains that speeding motorists may kill more than 12,300 victims in a single year.
When motorists speed, they:
- Often encounter other vehicles at a more frequent pace, increasing opportunities for accidents
- Require more time to stop when hazards, such as braking vehicles, arise
- Are more likely to lose control of their vehicle
- Have less time to respond to hazards
A speeding motorist may also be more likely to engage in other dangerous actions.
Also known as “driving too closely,” motorists who tailgate put the driver in front of them at severe risk. Tailgating is the leading cause of rear-end collisions, as tailgating motorists do not leave enough space to stop in case of an emergency.
Changing Lanes Dangerously
When a motorist changes lanes, they must:
- Engage their turn signal
- Check side-view mirrors
- Check the rearview mirror
- Turn their head briefly to check blind spots
- Change lanes urgently but not recklessly
- Only change lanes if there is adequate space to do so
If motorists change lanes without necessary clearance or following these other protocols, they are making a reckless maneuver. The most extreme version of dangerous lane changes is weaving in and out of traffic with little clearance.
Driving While Distracted
Ad campaigns, public service announcements, and laws highlight the dangers of distracted driving. Yet, you can see motorists on their phones and distracted in other ways daily. This is extremely dangerous, as the Centers for Disease Control and Prevention (CDC) notes that thousands of victims die yearly because of distracted drivers.
Distracted driving includes driving while:
- Sending, receiving, or reading text messages
- Watching videos
- Posting on social media
- Taking photographs
- Recording videos
- Eating food
- Drinking a beverage
- Engaging in conversations that take one’s attention from the road
- Staring too long at sights outside the vehicle, such as scenery
- Picking something up off the vehicle’s floor
If a motorist takes their hand off the wheel, their eyes off the road, or their attention off the act of driving, they’re distracted.
These are only some of the many ways that a motorist can endanger others. If the other driver in your accident was speeding or driving recklessly, your lawyer would clarify this to insurance companies or others who can provide the compensation you deserve.
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Is a Motorist Automatically Liable If They Speed or Drive Recklessly Before an Accident?
Motorists speeding or driving recklessly are not necessarily liable for an accident, although speeding and reckless driving are likely contributors to accidents.
An example can show why speeding or otherwise reckless drivers are not always liable. Say a motorist is speeding but not engaged in any other reckless action. If another motorist runs a red light and T-bones the speeding motorist, the motorist who ran the red light is likely 100% at fault for the accident.
While you never know how insurance companies or civil defense attorneys will try to avoid financial liability, the speeding motorist would likely deserve compensation for damages. Therefore, despite driving recklessly, the speeding motorist would not be liable for the accident.
Reckless Motorists Are Liable When Their Recklessness Contributes to an Accident
If a motorist’s speeding or other reckless actions contribute to a collision, they are generally liable for the collision. Because dangerous driving behaviors increase the likelihood of a collision, reckless motorists are often liable when involved in an accident.
How Can an Attorney Prove That a Driver Was Speeding or Driving Recklessly Before a Collision?
If you hire a lawyer to seek compensation, they must prove how the other driver behaved recklessly. They can prove this by:
- Getting video footage of the accident: Video footage can show how an accident happened. While a recording may not show a driver texting, it could show them tailgating, changing lanes dangerously, or engaging in other reckless behavior.
- Securing witness accounts: Eyewitness accounts can be powerful evidence. Unbiased witnesses can offer reliable testimony.
- Getting telephone and social media records: If you believe a motorist used their phone in any way before the accident, cell phone records or social media feeds may help prove it.
- Leaning on experts: Experts may be able to reconstruct the accident and speak to negligence.
An attorney will use all the evidence and resources available to them. Your lawyer will build a case seeking compensation for all your accident-related damages, including:
- Medical bills
- Lost income
- Diminished earning capacity
- Pain and suffering
- Mental health treatment
- Vehicle repairs
- Temporary transportation costs
Car accident attorneys seek compensation based on their client’s damages. An attorney from our team will consider your economic and non-economic damages and current and future damages.
We use multiple systems to ensure we accurately calculate your damages. Trust our team to get the calculation right and fight for every dollar you’re entitled to receive.
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Call Jenner Law Today for a Free Consultation About a Motor Vehicle Accident Case
We seek compensation for those with injuries and those who’ve lost a loved one in motor vehicle accidents. Do not wait to contact our team, as we may have a limited time to file your case.
Call Jenner Law today for your free consultation.