January 28, 2021

How Can You Prove Reckless Driving Caused an Accident?

Driving is a wonderful thing, it can get you to work, it can help you get out and have fun, but it can also be very dangerous when other drivers enter the realm of reckless driving. Reckless driving is not only dangerous, but it can also prove fatal and can be hard to prove if you do need to file a lawsuit. Taking the time to learn what you can do to help prove reckless driving can certainly change the outcome of your trial and help to get a positive overall result.

What is Reckless Driving?

Though specific definitions and requirements for reckless driving and a reckless driving charge differ from state to state, the basic tenants and ideas are the same. Reckless driving is any means of driving or operating a vehicle in which you put other drivers or their property at risk of damage or harm. This could mean swerving in and out of traffic, driving too slow or too fast, aggressive driving, speeding up and slowing down, or doing anything that would make other drivers nervous and might alter the way that they are driving.

In order for someone to get a reckless driving ticket, the police officer that writes the ticket does need to have some proof so that they can write the ticket and back it up. Often times they will bring things like their radar gun readings and eye whiteness reports into play to get the ticket written and backed. Reckless driving does not mean that the person is necessarily hitting people with their car or causing accidents, it simply means that they are driving in a manner that has the potential to cause harm to other drivers or passengers or to the property of others around them. This can even be things like messing with other drivers or cutting them off, refusing to let them merge, and so on.

You may be driving recklessly and not even notice it or not even be aware that you are. It is important that when you are on the road and operating a motor vehicle that you are aware of other drivers, that you follow the rules of the road, and that you take the time to make sure you are driving safely so that you are not putting yourself, your passengers, other drivers or the property around you in any danger.

How to Prove Reckless Driving

In the event that you are in an accident with another driver and you believe that they were recklessly driving and that their actions are directly to blame you do need to do a few things. When your attorney is working to bring about a reckless driving conviction the absolute best thing you can have on your side is evidence. This can be reported from police officers, radar gun readings, reports from emergency services that responded to the accident, and even eyewitness reports.

Your biggest benefit is going to be evidence and the overall reports that come with that evidence. You do need to have ample evidence to support a claim of reckless driving. Often times, if you do not have enough evidence, the person that is responsible for the reckless driving might say that they were not driving recklessly, they were driving safely, and so on. You need as much evidence as possible to help make this type of conviction stick.

The best type of evidence that you can have in this type of case is of course eyewitness reports from people of authority. This is going to add some authority to the report, it is going to let the judge and jurors know that someone that knows about reckless driving and that knows what the definition of it has also agreed that the other driver was not acting safely. It is important to take the time to contact those officers and other professionals that have helped with your accident so that you can get those reports and even have some of them come as witnesses if possible.

On top of that, you also need to have your reports in order and have them written as well as have people that can speak on your behalf. You want the report to be very clear and very concise so that it is easy to read and understand when your case does finally make it to court. Things like radar gun readings, any tickets that the person has had in the past for reckless driving, and more can also help to build a case that the driver was not acting responsibly.

You can also bring in your own medical reports and your own testimony as well as any other drivers that might have seen the way that the person was driving prior to the accident. This is going to help build a great case and provide enough information that they cannot refute that they were not driving safely and that they were being dangerous while on the road.

What Does a Reckless Driving Conviction Mean?

For those drivers that have been convicted of reckless driving, it can mean a few things. It can mean that the driver is going to have their license suspended, they are not going to be able to drive for a time, they may be required to go to a driver’s school, and more. If reckless driving ended in the death of another person or major destruction of property, they may be required to serve probation or even go to prison in some cases.

It really does depend on the severity of the accident, the severity of the reckless driving conviction, and of course the overall preference of the judge that is handling the case. In most cases, they are also going to have to pay the person that they had the accident with a certain monetary settlement to help cover things like medical bills, time off work, and so on.

The main belief in a reckless driving conviction is to make sure that the driver is given the opportunity to change their ways, to atone for what they have done, and to also make sure that they are not going to keep driving recklessly. When driving it is always crucial that you are paying attention to the people around you, the other drivers, and even making sure that you are taking the time to make sure that you and the other drivers are safe. For those that are dealing with a reckless driving issue, a great attorney can help you to get the settlement you need and get back to feeling great.

About the author 

Peter Hatch

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