Reckless Driving Truck Accident Lawyers

While reckless driving has always been an issue, it has gotten worse since the pandemic.

According to data from the National Highway Traffic Safety Administration, the number of traffic fatalities in the first six months of 2021 was the highest total since 2006.

The agency said this was a sign of increased reckless driving since COVID, and officials cited behavioral research that showed higher rates of speeding and people riding in motor vehicles without a seat belt. In response, NHTSA has been developing a national strategy to address the spike in reckless driving and take steps that will save lives.

What Constitutes Reckless Driving?

Reckless driving is considered driving with a deliberate or active disregard for the safety of other people. Reckless driving is also considered driving with a total disregard for any potential outcomes of risky actions.

Reckless driving goes beyond negligence and into a conscious desire to subject other people to a higher risk of injury. It’s important to note that someone doesn’t have to be injured for a driver to be found guilty of reckless driving: The heightened risk of endangerment is enough to get charged.

The legal particulars of a reckless driving charge can differ from state to state. Some states have set metrics for reckless driving, such as the miles-per-hour over the speed limit. Consider the following signs of reckless driving.

Speeding

Speeding is probably the most prevalent kind of reckless driving. A driver might be charged with reckless driving if they were driving far over the speed limit or driving at a speed that was too fast for the road or traffic conditions.

Tailgating

Sometimes, following another vehicle too closely is unavoidable in heavy traffic or while attempting to merge. But tailgating another car for a long period could be considered reckless driving. Tailgating at high speeds significantly increases the odds of being involved in a bad crash.

Drivers should leave enough space in front of them in case the car they are following brakes suddenly or gets into an accident. A rear-end accident caused by tailgating can cause critical injuries, and the tailgating driver is then on the hook for significant compensation to the victims.

Weaving Through Traffic at High-Speed

A driver may not be going 15 or 20 mph over the limit, but if they are weaving in and out of traffic, it can be viewed as reckless driving because it increases the chances of an accident. A vehicle that makes sudden and unpredictable lane changes is a nuisance, and it forces other drivers to react to avoid an accident.

Ignoring Traffic Signs and Control Devices

Traffic signs, lane markers, and other devices help maintain order on the roads. Failure to adhere to them greatly raises the chance of an accident, and it could be seen as reckless driving. Examples of this kind of reckless driving include running red lights, ignoring crossing guards, passing stopped school buses, failing to yield, and using the shoulder of the road to pass other drivers. This behavior can be especially dangerous at intersections because it can cause T-bone and head-on collisions.

What Makes Careless Driving and Reckless Driving Charges More Severe?

In Kansas, reckless driving carries a misdemeanor charge, and police officers have broad discretion in regard to charging drivers with a criminal offense. The penalties in Kansas for reckless driving can include fines and imprisonment, and they increase with subsequent offenses.

If reckless driving leads to damage and harm, the driver could be charged with a felony. If reckless driving leads to someone being killed, the driver will likely face an additional charge of vehicular homicide. Reckless driving might also be raised to a felony charge if the driver was committing another dangerous offense simultaneously, such as driving under the influence or resisting arrest.

When a driver is arrested for reckless driving or reckless driving is suspected of causing a crash, several kinds of evidence might be used to pursue a conviction or claim, including:

• Witness testimony. Bystanders, other drivers, passengers, and law enforcement officers may testify to the alleged reckless driving behavior.
• Camera footage. Video from security, dashboards, and other cameras can show a driver’s actions.
• Accident reports. If an accident is involved, a police accident report can indicate fault or guilt.
• On-board vehicle data. Most modern vehicles, including both semi-trucks and passenger vehicles, record information while the vehicle is in operation. Information on speed, braking, and other factors can be strong evidence.
• Defendant’s statements. If the person accused or suspected of reckless driving made any statements that were recorded, they could be used to prove their fault or guilt.

What Are the Penalties for Reckless Driving?

The penalties for reckless driving can vary significantly, and they largely depend on the severity of the driver’s actions and any harm or damage that was caused. In general, these penalties can be divided into a few different categories.

Fines

If someone is convicted of a somewhat minor case of reckless driving, such as using the shoulder to pass other cars at a fairly low speed, the penalty might be a small fine of several hundred dollars. However, if the driver was particularly egregious in their actions, the fines issued could be in the thousands or tens of thousands of dollars.

License Suspension

Someone who is found guilty of reckless driving will typically have their license suspended. The only way someone might avoid a suspension is if their offense was very mild or if they can convince the court that a license suspension would somehow endanger someone else, such as a loved one who is dependent on the offender for essential care.

Jail Time

Incarceration is typically reserved for particularly reckless drivers, and this punishment is often meted out to offenders who have caused major damage, serious injuries, or fatalities. Jail time is typically associated with a reckless driving charge that is elevated to a felony.

Probation

Probation is typically reserved for offenders who deserve more than just a fine but less than incarceration. Offenders are typically given probation when their actions could have caused serious damage or injuries but thankfully did not.

What Compensation Can a Victim of Reckless Driving Receive?

Kansas is considered a “no-fault” state for car accidents and insurance. This means that people involved in a car accident must first file a claim with their own insurance company, even if they have absolutely no role in causing the accident.

As part of its no-fault accident policy, Kansas also makes it compulsory for all drivers to carry personal injury protection (PIP) insurance. This coverage includes the driver and their passengers for expenses such as medical bills, loss of income, in-home care, rehabilitation, and funeral costs. While Kansas makes it mandatory to carry significant coverage to cover these expenses, insurance policies rarely cover the total cost of serious car accidents.

The idea of filing a claim and receiving compensation sounds like it should be a fairly straightforward process. However, insurance companies are generally reluctant to cover all of the costs incurred by an accident. It’s common for providers to dispute the extent of injuries or question whether losses are related to the accident.

When an insurance provider does not fully cover the extent of damages suffered in an accident, many people will file a personal injury claim. In the case of a reckless truck accident, an accident victim might file a claim against the truck driver and the trucking company. Under Kansas law, it is legal to file a claim against another driver if an accident victim has one or more injuries that meet one of the following conditions:

• Treatment costs in excess of $2,000
• Permanent disfigurement
• Fracture of a weight-bearing bone
• Compound, compressed, or displaced fracture
• Dismemberment
• Permanent injury
• Permanent loss of function
• Fatality

Proving that an injury meets one of these conditions can be complicated. Insurance companies will push back and argue that injuries are not as serious as described by the claimant. Defendants in a civil case will make the same argument.

How Can the Reckless Driving Truck Accident Lawyers Help?

If you were in an accident that involved a reckless truck driver, getting legal assistance can provide many critical protections and benefits. A reckless driving truck accident lawyer can help you avoid liability if another driver accuses you of playing a role in the accident. An attorney can also handle all of the complicated legal matters that come along with pursuing a personal injury claim.

When it comes to pursuing a claim, an attorney can gather evidence by visiting the scene of the accident and speaking to eyewitnesses. They can then piece together all the different bits of evidence to make a compelling case in your favor. Attorneys with experience in truck accidents can also help when it comes to negotiating a settlement or taking a case to court.

Once you have received a settlement, an attorney’s job isn’t done. If your personal injury claim is successful and you receive compensation as the result of a settlement or court decision, you must pay back any no-fault benefits you may have received. This legal principle is called subrogation, and reckless driving truck accident attorneys can often negotiate with an insurance company to ensure their client keeps as much of their settlement as possible.

Our Reckless Driving Truck Accident Lawyers are Willing to Fight for You

At Bretz Injury Law, our legal experts are well-versed in all different types of truck accidents, including those involving reckless driving. Our team is dedicated to serving victims of truck accidents and their families. Over the years, they’ve developed a deep understanding of semi-trucks, the trucking industry, common causes of truck accidents, best practices, and regulations.

Our attorneys aren’t afraid to advocate for you and take your case to court. In fact, many other law firms will refer cases to us when they can’t settle. Our reputation for investigating truck companies and holding parties accountable has earned us that distinction in our industry. If you are looking for a law firm that’s willing to go the extra mile for your case, contact us online or call 620-RESULTS today.