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What is Considered Reckless Driving in a Car Accident Case?

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A person driving a car holds a smartphone in one hand while the other is on the steering wheel, suggesting reckless driving. Sunlight streams through the window, highlighting potential risks in a car accident case.

If you are dealing with the aftermath of a car accident caused by another driver’s reckless driving, it is important to understand New Jersey’s rules and regulations surrounding the behavior. For more information and skilled legal assistance, contact a New Jersey auto accident lawyer at Rubenstein, Berliner & Shinrod, LLC today.

How is Reckless Driving Defined in NJ?

Before discovering what can be considered reckless driving for the purposes of a car accident case, it is important to understand its definition. Reckless driving is illegal in New Jersey so it is defined under the state’s vehicle and traffic laws.

According to NJ Vehicle Code 39:4-96, “A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving…”

What is Considered Reckless Driving in a Car Accident Case?

An important thing to note regarding New Jersey’s definition of reckless driving is that it is purposefully vague in its description of the offense. It does not list specific behaviors, instead, it simply states that any behavior that is done intentionally and with disregard for the safety of others is considered reckless and will be treated as such.

Because the law is ambiguous, many actions can be considered reckless driving. This is important especially when it comes to a car accident case. If you were involved in an auto accident and are filing an insurance claim or lawsuit against the other driver, establishing that they are at fault for the collision is paramount in ensuring that you can recover the compensation you rightfully deserve. If you can prove that the other driver’s reckless behavior caused the crash, you can establish liability and be awarded compensation.

When it comes to a car accident case, the following actions are commonly considered reckless driving.

  • Excessive speeding
  • Tailgating
  • Brake checking
  • Running red lights
  • Changing lanes suddenly or aggressively
  • Cutting off other vehicles
  • Driving while under the influence of drugs or alcohol
  • Distracted driving
  • Driving on a road the wrong way
  • Hitting or nearly hitting pedestrians or property

If you can provide evidence that the other driver involved in your accident was engaging in any of the above behaviors, you have a good chance of proving liability and recovering compensation.

Are there Legal Penalties for Reckless Driving?

Yes, if the other driver is found guilty of reckless driving they can face a variety of legal consequences. For a first offense, reckless driving will result in imprisonment in county jail for up to 60 days and fines of up to $200.

A second or subsequent offense will result in imprisonment for up to 3 months and fines of up to $500. In addition, any conviction can be accompanied by 5 points on the driving record, court fees, surcharges, and more.

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