Despite taking every precaution to stay safe on the roads in New York, you can still sustain serious injuries due to the negligence of others. If you are the victim of a reckless driving accident, it’s crucial to understand how this can impact the outcome of your claim. Please continue reading as we explore what constitutes reckless driving and how a skilled New York City Car Accident Attorney can help you fight for the justice you deserve.
What Constitutes Reckless Driving in New York?
When a motorist gets behind the wheel, they are responsible not just toward their passengers but also fellow motorists, cyclists, and pedestrians to adhere to the rules of the road. This includes avoiding reckless driving, which can have significant implications for road safety.
In New York, reckless driving refers to operating a motor vehicle in a way that unreasonably interferes with the safety of others or the public use of the roadways. This includes:
- Excessive speeding
- Distracted driving
- Swerving
- Disregarding traffic signs
- Tailgating
- Unsafe overtaking
- Passing school buses
- Street racing
- Aggressive driving
It’s important to note that reckless driving is a misdemeanor offense that is punishable by fines, probation, jail time, and more.
Can It Impact My Claim?
In the unfortunate event that you’ve been injured because someone else decided to operate their vehicle recklessly, it’s imperative to understand the impact it can have on your claim against them.
Generally, when you pursue a claim against another party for damages, it’s because they were negligent and you’ll need substantial evidence to prove this. This includes demonstrating that the defendant owed you a duty of care, breached that duty, and that the breach directly caused your injuries and losses. However, when you are injured in an accident involving reckless driving, it can constitute “negligence per se.”
This legal principle makes satisfying the burden of proof much simpler. Instead of proving that the defendant failed to act as a reasonable person would in similar circumstances, in negligence per se, violating a statute is enough to establish negligence. Essentially, the defendant is considered negligent because they broke a law intended to protect the public from harm. This means you don’t need to prove the defendant’s actions were irresponsible, only that they violated a relevant statute and that the violation directly caused your injury.
If you’ve been injured by a reckless driver in New York, it’s in your best interest to contact an attorney from Swerling Law, who can help you fight for the compensation you deserve, Connect with our firm today to discuss your rights and options.
