Despite taking the necessary safety measures while driving, you can still sustain devastating injuries due to the negligence of other drivers. If you’ve been involved in a car accident caused by reckless driving, it’s crucial to understand how this can impact the outcome of your legal claim. Please continue reading as we explore what constitutes reckless driving in the Garden State and how a skilled Essex County Auto Accident Attorney can help you fight for the justice you deserve.
What Constitutes Reckless Driving in New Jersey?
When operating a vehicle in New Jersey, you have a responsibility to follow the rules of the road for the safety of everyone on the road, including yourself, your passengers, other motorists, cyclists, and pedestrians. This includes avoiding reckless driving, as it can have serious consequences.
In New Jersey, reckless driving encompasses various dangerous driving practices. Under the law, it’s defined as “operating a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner to endanger, or be likely to endanger, a person’s property.”
- Excessive speeding
- Excessive lane changing
- Distracted driving
- Aggressive driving
- Tailgating
- Disregarding traffic signs
- Unsafe overtaking
- Passing school buses
- Going around railroad barriers
- Street racing
It’s important to note that reckless driving is a serious traffic offense in New Jersey that can result in steep fines, driver’s license suspension, demerit points, and even jail time.
How Can It Impact My Claim?
When pursuing a claim against a reckless driver, it’s imperative to understand the differences between these cases and other car accident claims. The primary distinction lies in the burden of proof that is required to establish negligence.
Unlike in traditional negligence cases, where you must demonstrate that the defendant’s conduct fell below the standard of a reasonable person, in negligence per se, the violation of a relevant statute is enough to establish negligence.
Essentially, you don’t have to prove that the defendant failed to act as a reasonable person under similar circumstances because the law established the standard of care by stating that violating a specific statute automatically constitutes negligence. This means that a defendant is considered negligent because they broke the law, without any further analysis of their reasonableness.
In the unfortunate event that you have been injured by a reckless driver in New Jersey, please don’t hesitate to contact a seasoned attorney from the Law Offices of Christopher T. Howell, Esq. who can guide you through each step of the personal injury claims process and fight for the compensation you deserve. Connect with our firm today to discuss your case.
