How Is Negligent Driving Defined According to the Law?Â
Every state may differ in the definition of negligent or reckless behavior behind the wheel. Although, driver negligence is generally considered to be any behavior of the driver that disregards the safety of other people and property.
In Kansas, statute 8-1566 explains a reckless driving scenario as follows:
“…Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving…” Â
If a driver causes an accident because of dangerous, reckless, or negligent behavior, they may face misdemeanor charges, fines, and a civil lawsuit from the injured. Since the explanation for negligent drivers may seem broad, there are varying scenarios that may constitute negligent or reckless driving.
5 Common Examples of Negligent Driving CasesÂ
If you have been in a car accident caused by another driver, preventable and negligent behavior may have caused the collision. Understanding common types of negligence behind the wheel of a car may help you understand how and why the other driver is at fault. Additionally, proving negligence in a car accident case helps build your claim and ability to recover compensatory damages.
Common examples of negligent driving include:
1. Speeding or Racing
Excessive speeding or street racing, which involves driving above the speed limit, is against the law and contributes to many accidents yearly. By speeding or illegally street racing, negligent drivers limit their ability to react and adjust fast enough, increasing the chances of an accident. Additionally, excessive speeding or multiple traffic offenses may cause enhanced fines and criminal charges for the driver depending on the accident’s circumstances.
2. Tailgating
Many drivers use tailgating in a fit of road rage or attempt to intimidate drivers and get them to move out from in front of them. Tailgating accidents typically cause the rear driver to rear-end the vehicle in front and may result in serious injury for the front driver. Due to their negligent acts, the liable party in a rear-end collision may be held responsible for the damages and financial compensation.
3. Drunk Driving
In 2019, twenty-two percent of traffic fatalities in Kansas were attributed to alcohol-impaired drivers. Drunk driving is against the law and a common form of negligent driving. When impaired drivers get behind the wheel of a car, they risk the safety of other drivers sharing roads and highways.
4. Disregarding Traffic Laws
Another common form of negligence while driving is to violate traffic laws. Negligent drivers often cause accidents by:
- Failing to yield to the right of way
- Failing to stop at a stop sign
- Failure to stop at a red light
Depending on the circumstances of an accident, the negligent driver is often held liable because they did not act with caution and disobeyed a law. At times, criminal charges and a civil case may await a driver that caused a collision by disobeying traffic laws.
5. Weaving in and Out of Traffic
Weaving in and out of traffic and making illegal passes or lane changes increases the risk of causing a collision on roads and highways. Drivers who swerve or move into lanes with limited space between cars leave no time to react or brake fast enough to prevent an accident with surrounding vehicles. Sideswiping, head-on collisions, rear-end accidents, and other crashes may result from weaving through traffic.
Consequences of Negligent Driving
Negligent driving can have severe and far-reaching consequences for all parties involved in motor vehicle accidents. When a driver fails to exercise reasonable care while operating a vehicle, they put themselves and others at risk of serious harm or injury. In the event of a car accident, the consequences of negligent driving can be devastating.
Injuries sustained in car accidents caused by negligent drivers can range from minor cuts and bruises to severe, life-altering conditions such as traumatic brain injuries, spinal cord damage, and even fatalities. The physical pain and suffering experienced by victims are often compounded by emotional distress, anxiety, and the potential for long-term psychological effects.
Beyond the immediate physical and emotional impact, negligent driving can also lead to significant financial burdens. Medical bills, rehabilitation costs, and lost wages due to time off work can quickly add up, creating a substantial economic strain on victims and their families. In some cases, victims may require ongoing medical care or modifications to their homes to accommodate disabilities resulting from the accident.
Negligent drivers may also face legal consequences, including fines, license suspension, and even imprisonment, depending on the severity of the accident and the extent of their negligence. Additionally, they may be held liable in a personal injury lawsuit, where victims can seek compensation for their injuries, medical expenses, lost income, and other damages.
The ripple effect of a car accident caused by negligent driving extends beyond the immediate parties involved. Families, friends, and communities can all be affected by the loss or injury of a loved one. The emotional and financial toll can be overwhelming, underscoring the importance of holding negligent drivers accountable for their actions.
In conclusion, the consequences of negligent driving are profound and multifaceted, impacting victims physically, emotionally, and financially. Understanding these potential outcomes highlights the importance of adhering to traffic laws and exercising caution on the road.
If you or a loved one has been affected by a car accident caused by a negligent driver, seeking legal assistance can help you navigate the complexities of your case and pursue the compensation you deserve.
How Can an Attorney Help Me After a Car Accident Caused by a Negligent Driver?
After enduring injuries in a car accident caused by negligence, many injured people suffer from the effects of physical injuries, monetary losses, financial hardship, and other damages. Consulting a car accident attorney can be crucial in navigating these complexities and securing compensation for your injuries. Car accidents often occur due to the negligent actions of at least one driver among the millions navigating the roads on a daily basis.
Seeking help from a car accident lawyer after an accident may help you feel more at ease throughout the process. Especially in the case of a lawsuit, an attorney’s negotiation skills, accident reconstruction, and valuable legal knowledge can help you put your best foot forward in any car accident case. Additionally, a personal injury lawyer can assist in building a strong case for liability and compensation, ensuring that your rights are protected and that you receive the appropriate compensation for your injuries.
The Role of Evidence in Proving Negligence
Proving negligence in personal injury claims from a car accident case is crucial to establishing liability and securing compensation for damages and injuries. Evidence plays a pivotal role in demonstrating that the opposing driver acted negligently and his or her actions directly caused the accident and resulting harm. Evidence can also demonstrate specific forms of negligence, such as drowsy driving, where driver fatigue impairs judgment and reaction times.
Here are key types of evidence used in car accident claims and how they contribute to building a strong case:
Photographic and Video Evidence
Pictures and videos from the scene of the accident are invaluable. They can show the positions of the vehicles, road conditions, traffic signs, and any obstacles that might have contributed to the accident.
Dashcam footage is particularly persuasive as it provides real-time evidence of the events leading up to the crash.
Eyewitness Testimonies
Statements from those who saw the incident can support your account of the events. Eyewitnesses provide details that might not be apparent in photos or videos, such as the vehicle speed, the behavior of the motorists, and conditions that may not have been recorded.
Police Reports
A police report is a comprehensive document that includes the officer’s observations and findings at the scene. It might also contain the officer’s preliminary assessment of who was at fault based on the evidence and statements collected. These reports are often pivotal in negotiations with insurance companies.
Medical Records
Medical documentation is critical to link the accident to the injuries claimed. Records of hospital visits, treatment plans, prescriptions, and doctors’ notes provide a timeline and severity of injuries, which are crucial for validating injury claims in court or with insurance adjusters.
Expert Testimony
Accident reconstruction experts and other professionals can offer expert opinions on how the accident occurred based on the evidence. Their insights can help explain the mechanics of the accident and the impact forces involved, which can be crucial for proving negligence and liability.
Cell Phone Records
If distracted driving is suspected, cell phone records can be subpoenaed to show whether the driver was texting, calling, or using their phone at the time of the accident. This kind of evidence is compelling in proving negligence related to distracted driving.
Vehicle Damage Reports
Assessments of the vehicle damage involved can help reconstruct the accident’s dynamics and force of impact. This information can be used to support claims about the severity and causation of injuries.
Collecting and effectively presenting this evidence requires thorough preparation and legal expertise.
A knowledgeable attorney at Hollis Law Firm helps ensure all relevant evidence is gathered promptly and preserved and can articulate how each piece contributes to proving negligence in your case. This meticulous approach to detail significantly impacts the outcome of your claim, helping you obtain the compensation you deserve for injuries and losses.
Contact Hollis Law Firm for an Experienced Reckless Driving Accident Lawyer to Help Your Case
Depending on the circumstances and negligent acts surrounding a car crash, every case is different and can result in varying effects for the injured person. Securing proof of negligence and determining liability may be challenging in a state with comparative negligence rules. Despite this, an experienced lawyer at Hollis Law Firm may help you gather evidence, negotiate a settlement, and help ensure your rights are protected from the negligent party’s tactics in refuting a claim.
We understand the damage and life changes that follow a car collision, especially if a family member is involved in a fatal accident. With the right attorney in Kansas and Missouri, your case may benefit from professional legal resources that support your case. Complete a contact form or call (800) 701-3672 to schedule a case review.
Frequently Asked Questions About Negligent Driving
What are common examples of negligent driving that lead to accidents?
Negligent driving can take many forms, but some of the most common include speeding, tailgating, drunk driving, disregarding traffic laws, and weaving in and out of traffic. These behaviors increase the likelihood of accidents and often result in serious injuries for car accident victims.
How can a car accident attorney help if I’ve been injured by a negligent driver?
A car accident lawyer can help by gathering evidence to prove the negligent driver’s fault, handling negotiations with insurance companies, and representing you in court if necessary. Their goal is to ensure that car accident victims receive appropriate compensation for injuries, medical expenses, and other damages.
What role does evidence play in proving driver negligence in a car accident case?
Evidence is crucial in demonstrating driver negligence. This can include photographs, dashcam footage, eyewitness testimonies, and police reports. A skilled car accident lawyer will use this evidence to build a strong case and show how the negligent driving led to your injuries.
What should I do after being involved in an accident with a negligent driver?
After an accident, it’s important to gather as much evidence as possible, seek medical attention, and report the incident to the police. Consulting with a car accident attorney early can help protect your rights and ensure that the negligent driver is held accountable.
What are the long-term effects of injuries caused by negligent driving?
Injuries caused by negligent driving can range from minor to life-altering, such as traumatic brain injuries or spinal cord damage. Car accident victims may face significant medical bills, lost wages, and emotional distress, which is why having a car accident lawyer is important to seek compensation.
