The consequences of someone’s reckless actions behind the wheel leave victims with devastating injuries, overwhelming medical bills, and a future filled with uncertainty.
But what does "reckless driving" really mean in New York, and how can it affect your ability to seek justice and compensation for your injuries? In this article, we’ll explore the legal definitions and consequences of reckless driving, and how they apply to victims.
If you suffered injuries from a reckless driving accident, you deserve more than just answers—you deserve maximum compensation. Contact William Mattar Law Offices today at (716) 444-4444 for the experienced legal support you need during this difficult time.
Table of contents
- Reckless Driving in New York: What the Law Says
- Behaviors That Constitute Reckless Driving
- The Legal Consequences of Reckless Driving for the Victim and the At-Fault Party
- Defending Against a Reckless Driving Charge: What It Means for Your Case
- How Reckless Driving Affects Insurance Claims
- Why You Need an Attorney After a Reckless Driving Accident
- Let Us Advocate for the Compensation You Deserve
Reckless Driving in New York: What the Law Says
In New York, reckless driving is a criminal offense under Vehicle and Traffic Law (VTL) § 1212. The law defines reckless driving as operating a vehicle in a manner that unreasonably interferes with the free and proper use of the public highway or that unreasonably endangers others.
Unlike ordinary traffic violations, reckless driving is classified as a misdemeanor, meaning it carries the potential for serious legal consequences, including a criminal record.
But what exactly does this mean for someone who has suffered injuries from a reckless driving accident? In simple terms, the driver responsible for your injuries wasn’t just negligent—they were acting with disregard for the safety of others.
This heightened level of recklessness significantly impacts your case, potentially leading to harsher penalties for the driver and stronger grounds for you to seek compensation.
Behaviors That Constitute Reckless Driving
Under New York’s VTL § 1212, reckless driving can encompass a wide range of dangerous actions that, when combined, create a hazardous situation on the road. Here’s a closer look at some of the specific behaviors that often count as reckless driving:
Excessive Speeding and Aggressive Maneuvers
Speeding alone doesn’t always qualify as reckless driving, but when paired with aggressive behaviors like weaving through traffic, tailgating, or making sudden lane changes without signaling, it often crosses the line into recklessness.
Courts have found that such actions demonstrate a clear disregard for the safety of others, especially when they occur in high-traffic areas or near pedestrians.
Driving Under the Influence
Operating a vehicle while impaired by alcohol or drugs is one of the most dangerous forms of reckless driving. New York law doesn’t just penalize DUI; it also considers the reckless actions that often accompany it, such as running red lights, speeding, or causing accidents. These behaviors not only endanger the impaired driver but also everyone else on the road.
Ignoring Traffic Signals and Signs
Running red lights, failing to stop at stop signs, or disregarding pedestrian crossings are classic examples of reckless driving. These actions show disregard for the rules of the road and put others at immediate risk of harm. New York courts have upheld convictions where drivers ignored traffic controls and caused accidents.
Distracted Driving Leading to Dangerous Behavior
While distracted driving (like texting or using a phone while driving) is typically considered negligence, it can escalate to reckless driving if it results in erratic or dangerous actions. For instance, if a distracted driver swerves into oncoming traffic or fails to notice pedestrians, they could face reckless driving charges under New York law.
These are just a few examples of what might constitute reckless driving, but the key factor is always the same: a disregard for the safety of others.
The Legal Consequences of Reckless Driving for the Victim and the At-Fault Party
Impact on the Victim’s Civil Litigation
A reckless driving conviction can significantly bolster a victim’s civil case against the driver. Since reckless driving involves a higher degree of negligence—or even willful disregard for safety—a conviction can be used as evidence of liability in a personal injury lawsuit. An unexcused violation of a rule of the road is negligence per se.
This can lead to a stronger case for compensatory damages, which may include medical expenses, lost wages, and pain and suffering.
Increased Insurance Rates and Financial Liability
For the driver, a reckless driving conviction almost always results in skyrocketing insurance premiums. Insurance companies view reckless driving as a major risk factor, often leading to rate increases of up to 76%.
This financial burden doesn’t just impact the driver; it can also affect the settlement negotiations in a personal injury case, as the driver’s insurance company may be more inclined to settle to avoid the risk of a larger payout.
License Suspension and Future Driving Restrictions
Accumulating too many points on a license—such as the five points that come with a reckless driving conviction—will lead to a suspension or even revocation of the driver’s license. For victims, this might mean peace of mind, knowing that the person who caused their injury is temporarily or permanently barred off the road.
Defending Against a Reckless Driving Charge: What It Means for Your Case
Since the consequences of a reckless driving charge are severe, drivers often attempt to aggressively defend themselves against these accusations in court. If successful, this will impact the outcome of both criminal and civil proceedings. As noted, if the driver is convicted of reckless driving, that finding generally cannot be challenged in any separate civil action brought by the injured motorist.
Challenging the Definition of "Reckless"
One of the most common defenses is to argue that the driver’s actions didn’t meet the legal definition of reckless driving under New York law. Since VTL § 1212 requires that the driving must unreasonably interfere with highway use or unreasonably endanger others, a driver might claim that their actions were not severe enough to constitute recklessness. They might argue that while they committed a traffic violation, it was merely negligent and not reckless.
Contesting the Evidence
Drivers may also challenge the evidence. This could involve questioning the accuracy of eyewitness testimony, disputing the validity of traffic camera footage, or arguing that there were no aggravating factors like excessive speed or dangerous maneuvers.
Arguing for Mitigating Circumstances
In some cases, drivers might argue that mitigating circumstances contributed to their behavior. These could include medical emergencies, mechanical failures, or other unavoidable situations. If successfully argued, these defenses can undermine a finding of reckless driving. These defenses may also serve as an “affirmative defense” in related civil litigation.
How Reckless Driving Affects Insurance Claims
Justification for Higher Settlements
One of the most direct ways a finding of reckless driving can affect an insurance claim is by justifying higher settlements for the injured party. Insurance companies evaluate the severity of an accident and the degree of negligence involved when determining how much to offer in a settlement.
A reckless driving conviction clearly establishes that the at-fault driver engaged in extremely dangerous behavior. For example, if a driver is guilty of reckless driving because they were excessively speeding and caused a crash, this can constitute evidence of gross negligence.
This might prompt the insurance company to offer a larger settlement to avoid a potentially costly trial where a jury could award even higher damages based on a clear and flagrant violation of the law.
The Potential for Bad Faith Tactics
Unfortunately, the presence of a reckless driving charge can sometimes lead to bad faith tactics by the insurance company. Insurers might use the case's complexity to offer lowball settlements, hoping that the injured party will accept a quick payout rather than endure a prolonged claims process. They might also delay the settlement in hopes of pressuring the victim into accepting less than what they’re entitled to.
Make no mistakes–insurance companies are businesses that prioritize their bottom line and their shareholders, not you.
If an insurance company acts in bad faith—by not settling a claim promptly, offering unfairly low compensation, or failing to investigate the claim thoroughly—the injured party may have grounds to take legal action against the insurer should the case proceed to trial and lead to a verdict in excess of the insurance policy limits.
Why You Need an Attorney After a Reckless Driving Accident
Experience with New York’s Legal System
An experienced car accident attorney understands the intricacies of New York’s Vehicle and Traffic Law (VTL) and will effectively navigate the legal system on your behalf to ensure that you receive maximum compensation in a civil action.
They’ll know how to counter the defenses raised by the driver, gather the necessary evidence, and build a compelling case that clearly demonstrates the driver’s liability for your injuries.
Negotiating With Insurance Companies
Insurance companies know how costly a reckless driving case could be, so they often do anything to minimize their payout. Your attorney will have the experience to negotiate with these companies, ensuring that they don’t take advantage of your situation.
They’ll fight to get you a settlement that covers medical expenses and lost wages not covered by no-fault insurance, and other damages, rather than the lowball offers that are often put on the table initially.
Maximizing Your Compensation
The impact of a reckless driving accident goes beyond the immediate medical bills. You may be facing long-term rehabilitation, lost income, and significant emotional distress.
An experienced attorney can help you calculate the full extent of your damages and pursue the maximum compensation available. They’ll also advise you on whether to accept a settlement offer or take your case to trial if it means achieving a better outcome.
Let Us Advocate for the Compensation You Deserve
At William Mattar Law Offices, we’ve helped victims of reckless driving accidents secure the justice and compensation they deserve.
If you suffered injuries from such an accident, don’t wait to get the help you need. Contact us today at (716) 444-4444 for your free consultation and take the first step toward reclaiming your life.