What You Need to Know About Reckless vs Negligent Driving
Getting into a car accident can be overwhelming. Here is everything you need to know about negligent vs reckless driving.
In addition to addressing the physical and financial damages that come from a car accident, a driver may need to engage with legal consequences. Understanding the difference between reckless and negligent driving can be helpful in handling such legal matters.
Negligent Driving
A negligent driver fails to properly fulfill their duty of driving with consideration for others’ safety on the road, which could lead to injuries and damages to other drivers and vehicles. Unlike reckless driving, negligent driving is often associated with an accident rather than blatant disrespect of traffic rules. Examples of negligent driving include falling asleep at the wheel or not providing an indicator when changing lanes or turning.
Generally, victims of negligent driving must prove that the driver did in fact fail to fulfill their duty on the road. Further, they must prove that the physical, mental, or emotional damages that resulted were a direct result of this failure.
Related: How to Prove an Injury Is From a Car Accident
Reckless Driving
A reckless driver intentionally engages in dangerous behaviors on the road, intentionally posing a threat to other drivers and vehicles. Examples of reckless driving include driving under the influence or texting while driving.
Generally, victims of reckless driving must prove that the driver intentionally put them in danger. Further, they must prove that the physical, mental, or emotional damages that resulted were a direct result of this danger.
Injuries Resulting from Negligent or Reckless Driving
Due to a driver negligently or recklessly driving, victims can suffer minor to severe injuries. Examples of physical injuries, among countless others, include:
- Tissue injuries – a tear or sprain in a tissue of a victim may cause short-term bruising and long-term chronic pain
- Disfigurement – a victim may experience permanent scarring due to cuts from glass or fire from a car accident
- Orthopedic injuries – a victim may have broken or dislocated joints due to a car accident which can potentially leave them permanently disabled
- Spine injuries – damage to a victim’s spine can cause chronic pain, limit mobility, and in extreme cases result in paralysis
Legal Classification of Negligent vs Reckless Driving
In cases of negligent driving, the driver is deemed unaware of the dangers that their behaviors impose. Thus, negligent driving cases are generally considered traffic violations.
In cases of reckless driving, the driver is deemed aware of the dangers that their behaviors impose. Thus, reckless driving cases are generally considered criminal activity.
Legal Consequences of Negligent vs Reckless Driving
The legal consequences of both negligent and reckless driving vary from state to state and are highly dependent on case specifics. Generally, however, consequences of reckless driving tend to be much more severe than those of negligent driving. Negligent driving often results in a ticket or fine, whereas reckless driving may result in the loss of driving privileges and potential jail time.
Related: How to File a Car Accident Claim With Allstate
In court, it is much easier to prove a reckless driver, rather than a negligent driver, as liable for an accident. Thus, it is more likely that a victim will receive financial compensation for damages caused by reckless driving. Still, it is possible that the victim of a negligent driver also receives financial compensation. Compensation may cover:
- Medical expenses – this includes costs of emergency care, doctor visits, hospitalizations, surgery, medications, etc.
- Non-medical expenses – this includes the costs of a damaged vehicle, the value of broken belongings, etc.
- Past or future loss of income – if a victim is temporarily or permanently unable to work due to their injuries, they may be compensated for the loss of income
Proving recklessness in a court case may also convince a judge to grant a victim punitive damages (meant to further punish the driver for the intentional crime) in addition to compensatory damages. Thus, a victim can earn a greater amount of overall compensation.
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