Texas Transportation Code 545.401 defines reckless driving as “when a vehicle in willful or wanton disregard for the safety of persons or property.” Reckless driving is unique from the usual definition of negligence in personal injury cases.
The “willful or wanton” standard means that the driver was conscious that their driving was likely to cause harm.
Reckless drivers can face criminal penalties such as fines and jail time and be held responsible in civil court for any injuries, deaths, or harm they cause.
Reckless driving can take many forms, such as:
You may experience other examples of reckless driving around San Antonio, but any behavior that creates an unreasonable risk of harm to others amounts to reckless driving.
Although drivers know the dangers of reckless behavior behind the wheel, it continues to play a significant role in accidents around the U.S. According to a survey from AAA:
*The outcome of any individual case depends on factors unique to that case. Past case results listed on this website do not guarantee or predict a similar result in any similar or future case.
People may drive recklessly for many reasons, such as being late or impatient. But no excuse justifies their behavior or makes them any less responsible for the harm they cause. If a reckless driver in San Antonio caused your injuries, you could file a personal injury claim against them and recover compensation for all your damages.
Law enforcement officers are given the power to decide when someone’s driving constitutes criminal recklessness. A police officer will refer to the willful or wanton standard and evaluate whether the driver knowingly disregarded the safety of others or the consequences associated with the way they were driving.
In a civil case, the burden of proof is based on a preponderance of the evidence, meaning that the evidence must prove your story is more likely than not.
Reckless driving behaviors such as speeding or tailgating are known to be dangerous and likely to cause harm — however, the facts of your case will be used by your attorney to support your claim that the driver’s recklessness hurt you.
Depending on the circumstances, you could be eligible for economic and non-economic damages after an auto accident caused by reckless driving. An attorney can help you seek compensation for the following:
These are just some of the damages you could be entitled to as a victim of a reckless driving accident. Your attorney will help you calculate the full value of your claim and aggressively advocate on your behalf in court.
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A capable lawyer can help you build a strong case against the at-fault driver. This includes thoroughly investigating the accident and collecting evidence such as:
Your attorney may also work with reconstructionists and other experts to prove the other driver’s reckless behavior was the cause of your injuries.
If a reckless driver caused your accident, don’t delay contacting an attorney to begin the claims process. The Texas statute of limitations only allows victims to file injury claims within two years from the date of the accident. If you wait too long and the statute expires, you won’t be able to collect compensation.