There are many factors to consider during an auto accident claim or lawsuit, one of the most important being liability. Establishing fault is crucial in ensuring that you can be properly compensated for your medical bills, lost wages, property damage, pain and suffering, and more. If you can prove that the other driver was engaging in reckless driving at the time of your car accident, it can significantly benefit your case. For more information and skilled legal advice, contact a San Mateo County, California motor vehicle accident lawyer today.
What is Reckless Driving?
Reckless driving is defined under California Vehicle Code § 23103(a) as any of the following actions.
- A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
- A person who drives a vehicle in an offstreet parking facility… in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
According to this law, in order for you to be convicted of reckless driving you must meet the criteria above, meaning you must have been operating a motor vehicle on a public road or parking facility with intentional and wanton disregard for the safety of others.
What is Considered Reckless Driving in a CA Car Accident Case?
In a car accident case, reckless driving can have a variety of implications. If one driver was driving recklessly at the time of the collision there is a good chance that they will be found at fault and therefore be liable for the injuries and damages resulting from the crash.
Some common behaviors that are considered reckless driving in California include the following.
- Speeding excessively
- Racing other cars
- Weaving in and out of lanes
- Tailgating
- Brake checking
- Running red lights or stop signs
- Failing to yield the right of way
- Disregarding the rules of the road
- Driving while intoxicated or impaired
During your car accident case, if you can provide evidence that the other driver was participating in any of the above behaviors or other actions that could be considered reckless, you can establish liability and be awarded compensation for your damages and losses in an insurance claim or lawsuit.
What Are the Penalties for Reckless Driving in California?
Because reckless driving is illegal and the laws surrounding the act are defined under California’s vehicle code, anyone found in violation can face legal consequences. According to state law, any person convicted of reckless driving is subject to the following penalties.
- Imprisonment in county jail for 5 to 90 days
- Fines ranging from $145 to $1,000
These are the standard penalties for reckless driving in California, though you may face additional repercussions depending on the details of the situation and whether it is your first or subsequent offense. You could face license suspension or revocation, points on your driving record, mandatory community service, and more.
