Reckless driving is extraordinarily dangerous and can have various implications in a car accident case. If you were involved in a collision it is important that you understand your rights and legal options. Consult with a Rockland County auto accident lawyer today.
How is Reckless Driving Defined?
According to New York Vehicle and Traffic Law § 1212, reckless driving is defined as “driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.”
What is Considered Reckless Driving in a Car Accident Case?
Understanding reckless driving is crucial for anyone involved in a car accident case. During any accident claim or lawsuit, the first thing that must be done is establish which driver was responsible for the collision and assign them liability for the associated damages and compensation.
Reckless driving, as defined above, can manifest in a variety of ways but they all boil down to operating a vehicle in a dangerous and aggressive way that contributes to an increased risk of accident and injury. The following behaviors may be considered reckless driving during a car accident case.
- Excessive speeding
- Running red lights or stop signs
- Tailgating
- Distracted driving like while eating, talking on the phone, talking to passengers, using GPS or entertainment systems, etc.
- Swerving in and out of lanes
- Driving while under the influence of drugs or alcohol
- Racing other vehicles
- Brake checking
- Illegal passing
What Are the Implications of Reckless Driving?
If you are pulled over for driving recklessly or wind up getting into an accident, you will likely be issued various penalties and consequences. In terms of a car accident case, you will surely be found liable for the collision and be responsible for covering compensation for the victims involved.
Additionally, you could face legal repercussions. Under New York law, reckless driving is prohibited and anyone found in violation of the provision is guilty of a misdemeanor offense. If you are convicted of reckless driving in NY you could be sentenced to the following.
- Up to 30 days in jail for a first offense, 90 days for a second offense, and 180 days for a third offense
- Fines of up to $300 for a first offense, $525 for a second offense, and $1,125 for a third offense
- Additional fees
- Revocation of driving privileges
- 5 points on your driving record
Because NY law prohibits reckless driving a conviction will also result in a criminal record which can have various implications in your everyday life. Having a record can affect your ability to obtain employment and housing, impact your personal relationships, and more.
For more information and legal advice contact a car accident attorney today.
