Despite your best efforts to stay safe while navigating the roadways, you can still suffer devastating injuries due to the negligence of others. Understanding the impact of reckless driving on your claim is crucial if you are a victim of such an accident in Maryland. Please continue reading to learn what constitutes reckless driving and how an experienced Prince George’s County Auto Accident Lawyer can help you fight for the justice you deserve. 

What Constitutes Reckless Driving in Maryland?

In Maryland, reckless driving refers to operating a vehicle in a way that intentionally or willfully disregards the safety of others or property. Examples include:

  • Excessive speeding
  • Tailgating
  • Street racing
  • Running red lights and stop signs
  • Driving under the influence
  • Intentionally antagonizing other vehicles
  • Improper lane changes (using the shoulder)
  • Weaving in and out of traffic
  • Disregard traffic signs
  • Passing school buses

It’s important to note that reckless driving is a misdemeanor offense in Maryland, punishable by fines, license suspension, points on your license, and increased insurance premiums.

How Can It Impact My Car Accident Claim?

When pursuing compensation against a reckless driver, it’s imperative to understand how this process differs from other accident cases. The distinction lies in the burden of proof required to establish negligence.

In a traditional car accident claim, proving negligence requires demonstrating that the defendant owed a duty of care to the plaintiff to drive safely and abide by traffic laws, breached that duty, and that the breach directly caused the plaintiff’s injuries. This often involves establishing that the defendant failed to act as a reasonable person would under similar circumstances.

However, in cases of reckless driving, proving negligence is much simpler. A determination of reckless driving automatically establishes negligence and liability for any resulting harm. This is due to the fact that reckless driving shows a blatant disregard for the safety of others and is a violation of traffic laws intended to protect the public. Essentially, the act of reckless driving constitutes negligence per se.

The legal theory of negligence per se applies when an individual violates a law or statute that is designed to protect others from harm and that violation directly results in injury to another person. The violation of the law is evidence of negligence, meaning the plaintiff doesn’t need to prove that the defendant breached their duty of care.

If you have been injured by a reckless driver, it’s in your best interest to contact a determined lawyer from Timian & Fawcett, LLC, who can help you fight for the compensation you deserve and need to get your life back on track. Connect with our firm today for advice and skilled representation.