Most car accidents involve some degree of reckless disregard for the safety of others, and for this reason, most car accident involve a car accident caused by reckless driving. Accidents that involve a driver consciously engaging in some activity that endangers others should be properly categorized as reckless driving. For example, when some causes an accident because they were looking down at their lap eating a hamburger and did not see traffic ahead beginning to slow, this is and should be called what it is: reckless driving. That driver has decided that they would rather attempt to eat while driving than waiting to arrive at their destination, and that driver has endangered the safety of others as a result of this risk.
What Is the Legal Definition of Reckless Driving?
(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.
(b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.
O.C.G.A. § 40-6-390.
How Does the Other Driving Causing the Accident as A Result of Reckless Driving Factor Into My Injury Case?
Generally, the value of your injury case is driven by the losses that you actually suffer – your medical expenses, your loss of wages, and your pain and suffering. However, reckless driving on behalf of the other driver that caused the accident and your injuries can dramatically increase the value of your case. Recklessness can lead to the imposition of punitive damages.