Even if you take every precaution to stay safe while navigating the roadways in South Carolina, you can still be seriously injured due to the negligence of others. If you are the victim of a car accident that was caused by reckless driving, it’s imperative to understand how this can impact the outcome of your claim. Please continue reading as we explore what constitutes reckless driving and how an adept Chesterfield County Car Accident Lawyer can help you fight for the justice you deserve.
What Constitutes Reckless Driving in South Carolina?
When you get behind the wheel, there is a responsibility not just toward your passengers but also fellow motorists, cyclists, and pedestrians to abide by the rules of the road. One of these obligations involves avoiding reckless driving, which can have significant implications for road safety.
In South Carolina, reckless driving entails operating a motor vehicle with a clear disregard for the danger it may pose to others or behaving without caution while on the road. This broad definition encompasses numerous behaviors that may put lives at risk, including:
- Speeding
- Tailgating
- Running red lights and stop signs
- Racing
- Aggressive driving (antagonizing other vehicles)
- Distracted driving
- Unsafe overtaking
- Passing school buses
- Going around railroad barriers
It’s important to note that reckless driving is a misdemeanor offense in South Carolina and is punishable by a fine, jail time, driver’s license suspension, increased insurance premiums, and more.
How Can It Impact My Claim?
When pursuing a claim against a reckless driver, it’s crucial to understand the distinctions between these cases and other car accident cases. This distinction lies with the burden of proof required to establish negligence.
Generally, proving negligence requires demonstrating that the defendant owed a duty of care, breached that duty, and that the breach directly caused your injuries and damages. This usually involves establishing that the defendant failed to act as a reasonable person would in a similar situation.
However, in cases of reckless driving, proving negligence is often easier due to the legal theory of “negligence per se.” This means that when a motorist violates a traffic law, like excessive speeding, and that violation directly causes a collision, it automatically establishes negligence without the need to prove the driver’s actions were irresponsible.
If you’ve been injured by a reckless driver in South Carolina, please don’t hesitate to contact an experienced lawyer from the Cockrell Law Firm, P.C., who can help you fight for the compensation deserve and need to get your life back on track. Connect with our firm today to discuss your legal options.
