The Soliman Firm, a law firm based in Costa Mesa, California, has recently published a blog post about reckless driving. The article points out that the definition of reckless driving will depend on what particular state a person is residing in. For instance, in many states, reckless driving means certain specific actions that automatically indicate reckless driving, such as falling asleep at the wheel, popping a wheelie on a motorbike, or driving at a speed faster than 80 mph. The state of California does not have such automatic qualifiers but the state law does have a very broad definition of what encompasses reckless driving to ensure that there are many types of scenarios where drivers can be convicted of reckless driving.
Steven Soliman from The Soliman Firm says in the article, “In California, a reckless driver is defined by the law as 'a person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property' and/or 'a person who drives a vehicle in an off-street parking facility... in willful or wanton disregard for the safety of persons or property.' So whether a driver is recklessly operating a vehicle on the road or in a parking lot or other off-street structure, they can be convicted of reckless driving.”
California state law also indicates that people who are convicted of reckless driving will get to be punished by imprisonment for between 5 and 9 days, fined between $145 and $1000, or both. The car accident lawyer points out that the driver’s intent doesn’t have to be malicious. They just need to be aware that their actions constitute a risk of harm that cannot be justified and that they are intentionally disregarding that risk.
The article also presents several examples of what may be regarded as reckless driving in California. These include failing to yield or cede the right of way; running red lights and stop signs; speeding for more than 15 mph over the posted speed limit; driving in the wrong lane or failure to stay between the road lines; driving in the median or shoulder; operating a vehicle in an area that is not intended for cars; and weaving, tailgating, or passing another car in an unsafe way. It should be emphasized that there are so many scenarios that can result in a conviction of reckless driving. Nevertheless, when a driver is recklessly operating a car, it will usually become apparent to everyone in the area that something is very wrong.
Steven Soliman also wants to point out that it is not just imprisonment and fines that will be imposed on the driver for reckless driving. The judge may also impose a variety of punishments for the reckless driver, in addition to imprisonment and fines, such as impounding of their car, suspension of their license, and adding points to their driving record. Furthermore, reckless drivers may be prohibited from working as a commercial driver in the future and their insurance provider may refuse to give them insurance or impose a substantial rate hike.
If another person got hurt or killed as a result of an accident caused by the reckless driver, they may even be some additional criminal charges, especially if alcohol or drugs were involved.
For victims of accidents caused by reckless drivers, they may find that pursuing damages can be complicated because of the way civil and criminal claims are divided in the court of law. For instance, if a reckless driver gets convicted of a criminal offense resulting from the accident, victims may find that it is more difficult to receive damages from their insurance provider. To be able to get damages for injuries, the victim’s lawyer must be able to highlight the reckless driver’s negligence in the accident as well.
Also, victims of reckless driving may also encounter problems in getting sufficient coverage if the reckless driver’s insurance is not enough to cover the damages. This is why it is always a good idea to get the services of an experienced car accident attorney.
Those who are interested in getting the services of a car accident lawyer may want to visit the website of The Soliman Firm at https://www.thesolimanfirm.com/, or contact them through email.
The Soliman Firm is a personal injury law firm based in Orange County, California. The Soliman Firm handles any manner of personal injury case including car accident, wrongful death, brain injury, neck and back, and all other areas of personal injury law.
245 Fischer Ave D-1, Costa Mesa, CA 92626
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