Despite taking every precaution while behind the wheel, you can still be seriously injured in a car accident due to the negligence of others. If you are the victim of a collision caused by a reckless driver, it’s crucial to understand how this can impact your claim. Please continue reading as we explore what constitutes reckless driving in the Sunshine State and how our adept Manatee County Car Accident Lawyers can help you fight for the justice you deserve.
What Constitutes Reckless Driving in Florida?
When you take the wheel, you assume a responsibility not just for yourself and your passengers, but also for fellow motorists, cyclists, and pedestrians navigating the roadways, requiring you to adhere to adhere to the rules of the road. An essential part of this responsibility includes avoiding reckless driving, as it can have serious consequences for road safety.
In Florida, reckless driving is defined as driving in a way that shows a conscious and intentional disregard for the safety of others or their property. This can include:
- Excessive speeding
- Tailgating
- Weaving in and out of lanes
- Distracted driving
- Fleeing police
- Disregarding traffic signs
- Passing school buses
- Going around railroad barriers
- Street racing
- Aggressive driving
- Unsafe overtaking
It’s important to note that reckless driving is different from careless driving, which is often caused by brief inattention or negligence. Reckless driving is a misdemeanor offense in Florida that is punishable by steep fines, points to your driving record, driver’s license suspension, and even jail time.
How Can It Impact My Claim?
When pursuing a claim against a reckless driver in the Sunshine State, it’s crucial to understand how this process differs from other accident cases. The primary distinction lies in the burden of proof that is required to establish negligence.
First, it’s important to understand that negligence occurs when a party fails to act with the level of care that a “reasonable person” would have used under similar circumstances. If a defendant’s actions fell short of that standard, the defendant would be considered negligent. When a defendant fails to exercise reasonable care, they have breached their duty, making them liable for damages. The plaintiff must demonstrate that the defendant’s negligent conduct was the direct and proximate cause of their injuries and losses.
Reckless driving constitutes negligence per se. Essentially this means that a defendant’s conduct is automatically presumed negligent because they violated a specific law. Reckless driving shows a blatant disregard for the safety of others and is a violation of traffic laws that were designed to protect the public from harm. The violation itself is evidence of negligence, meaning the plaintiff doesn’t have to prove that the defendant acted irresponsibly.
If you’ve been injured by a reckless driver, it’s in your best interest to contact a seasoned Manatee County car accident lawyer from Becker & Lindauer, LLC, who can help you fight for the compensation you deserve. Connect with our firm today to discuss your case.
