What is Reckless Driving?
North Carolina defines reckless driving as operating a vehicle “carelessly in willful or wanton disregard of the rights of [the] safety of others.” This definition includes, for example, driving at speeds significantly over the speed limit or under the influence. A negligent motorist accused of reckless driving can be held liable for another party’s damages and injuries.
The North Carolina personal injury lawyers at Rhine Law Firm have decades of experience representing injured car accident victims in lawsuits. We have in-depth knowledge of what is considered reckless driving under North Carolina’s laws and use that knowledge to hold careless drivers accountable. If a reckless motorist has harmed you, contact us today to schedule a free consultation.
What Are Some Examples of Reckless Driving Under North Carolina’s Laws?
As noted above, Section 20-140 of the North Carolina General Statutes defines reckless driving as operating a vehicle “carelessly in willful or wanton disregard of the rights of [the] safety of others.” This definition generally includes:
- Driving at speeds significantly over the speed limit.
- Improper lane changes, especially at high speeds, and dodging in and out of lanes.
- Aggressive braking and “brake checking” in front of other vehicles.
- Erratic driving, for example, alternating between fast and slow speeds.
- Tailgating and driving too close to surrounding vehicles.
- Using shoulders and road berms to bypass slow traffic.
- Crossing solid yellow lines to pass other vehicles or passing vehicles in an unsafe manner.
- Disregarding or driving carelessly past emergency vehicles and law enforcement traffic stops
- Speeding while law enforcement are in pursuit.
The above is not an exhaustive list, and other forms of negligent driving may rise to the level of reckless driving.
How Can Reckless Driving Be Proven in a Car Accident Lawsuit?
The clearest evidence of reckless driving is a traffic citation and adjudication of guilt in a courtroom proceeding. An experienced North Carolina car accident lawyer will always investigate traffic citations issued to drivers following an accident. If an investigating officer did not issue a citation for reckless driving, other violations, such as making an illegal left turn or failing to yield to other vehicles, can be proof that the negligent driver was operating their vehicle recklessly. Impaired driving is always considered reckless.
Apart from traffic citations, a skillful lawyer will review other evidence about an accident, such as:
- Testimony from car accident victims and other eyewitnesses
- Accident reports filed with liability insurers
- Photographs of the accident scene
- Surveillance video from nearby businesses, if available.
Even if no single piece of evidence shows reckless driving by itself, the total picture from all available evidence can be compelling proof that a negligent motorist was driving recklessly.
Four Elements of Proving Negligence
An accident victim’s ability to recover damages in a car accident lawsuit depends on their lawyer’s ability to present evidence showing that:
- The defendant operated their vehicle negligently.
- That negligent operation caused an accident.
- The accident victim suffered injuries as a direct and proximate result of the negligently-caused accident.
- The victim incurred costs and expenses due to their injuries, including but not limited to medical expenses, lost wages, scarring or disability, pain and suffering and mental and emotional trauma..
Statute of Limitations
Under North Carolina laws, you have three years from the date of an accident to file a lawsuit against a negligent driver to recover the damages you deserve. Your opportunity to prove that the driver was driving recklessly will be significantly greater if you hire a North Carolina car accident attorney as soon as possible after the accident. Evidence can be lost or misplaced, people move, and witnesses’ memories may fade.
Schedule a Free Consultation
For more than 34 years, injured North Carolina accident victims have trusted the personal injury lawyers at Rhine Law Firm in Wilmington to fight for the compensation they deserve after they have been hurt in a reckless driving accident. We have recovered millions of dollars for our clients.
We will use the full force and weight of our knowledge and experience to recover the damages you need to pay your accident-related costs and expenses and to compensate you for your pain and suffering. Call today to schedule a free, no-obligation consultation. Since we work on a contingency-fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
