Table of contents
- What is considered reckless driving in California?
- Compensation available after a reckless driving accident
- Who can be liable after a reckless driving accident in Los Angeles?
- What if you were partially at fault for the accident?
- How long do you have to file a reckless driving accident claim?
- Frequently asked questions
- Do you have a reckless driving accident lawyer near me?
What is considered reckless driving in California?
California Vehicle Code § 23103 defines reckless driving as operating a vehicle on a highway or in an off-street parking facility with willful or wanton disregard for the safety of persons or property.
What is wanton disregard?
Under California law, willful or wanton disregard means the driver was aware that their conduct created a substantial and unjustifiable risk of harm to others and chose to ignore that risk anyway. It goes beyond simple carelessness or a momentary lapse in judgment.
An arrest or criminal conviction is not required to pursue a civil claim for reckless driving in California.
Examples of reckless driving
Some examples of reckless driving that can help you show a driver was being negligent include:
Excessive speeding
Driving at extreme speeds significantly reduces reaction time and greatly increases the severity of any resulting collision. Excessive speeding can support a reckless driving charge when the circumstances demonstrate willful or wanton disregard for safety.
Street racing
Participating in an illegal street race is explicitly addressed under California law and represents one of the most dangerous forms of reckless driving. The speeds involved and the unpredictability of the conduct create catastrophic risk for everyone in the surrounding area.
Aggressive driving and road rage
Aggressive driving encompasses a pattern of dangerous behavior, like tailgating, cutting off other vehicles, brake-checking, and making threatening gestures or maneuvers. When that aggression turns into road rage, the risk of serious injury goes up considerably.
Unsafe lane changes and weaving through traffic
Changing lanes without signaling, crossing multiple lanes at once, or weaving through traffic at a high speed puts everyone in the vicinity at risk, and this is a common cause of serious multi-car accidents on Los Angeles freeways.
Running red lights and ignoring stop signs
Intentionally disregarding traffic control devices is a direct and conscious choice that frequently results in T-bone collisions at intersections, which are among the most violent and injurious types of crashes.
Illegal passing and passing on the shoulder
Passing in a no-passing zone, passing on the right shoulder, or passing in a way that forces oncoming traffic to take evasive action are all forms of reckless conduct that can cause head-on collisions and other serious crashes.
Any one of these behaviors may form the basis of both a criminal charge and a civil personal injury claim in California, and a personal injury attorney from McNicholas & McNicholas, LLP can help establish that the conduct meets the legal threshold for negligence.
Compensation available after a reckless driving accident
California victims of reckless driving accidents can be eligible for many types of compensation that reflect the impact of the crash on their lives. This covers future and past medical bills, lost pay while recovering, and loss of earning capacity if the injuries impair a person’s ability to work in the future.
You may also be entitled to damages for pain and suffering, emotional distress, permanent disability, disfigurement, and loss of enjoyment of life. You can also get compensation for damage to your vehicle and personal property.
Punitive damages can also be awarded in California where the driver’s conduct is deemed to be malicious, including despicable conduct carried on with a willful and conscious disregard for the safety of others. The purpose of these damages is to punish exceptionally egregious conduct; they also have the potential to substantially increase the overall recovery a victim can obtain.
Who can be liable after a reckless driving accident in Los Angeles?
Liability in a reckless driving accident is determined by who was involved in the crash and the circumstances surrounding it. Typical accountable parties include:
The reckless driver
In most cases, the reckless driver is the primary party responsible for the accident. They can be held accountable for your losses either through an insurance claim or a personal injury lawsuit.
An employer
Sometimes, the employer of the at-fault driver can be responsible as well, if the driver was acting in the course and scope of their employment at the time of the crash. This is known as vicarious liability, and is true even if the employer didn’t do anything negligent themselves.
A vehicle owner
A vehicle owner could be liable if they granted someone permission to drive their car, particularly if they had reason to know that the driver was engaging in reckless behavior.
A government entity
In some cases, a government entity is partially responsible for the accident, even if another party was driving recklessly. For example, if the road was in a dangerous condition that the government agency created or had sufficient notice of and failed to address, some of the liability could shift to them.
Identifying every potentially liable party will require a thorough investigation of the accident, and McNicholas & McNicholas, LLP has the resources and experience to conduct that investigation.
What if you were partially at fault for the accident?
California follows pure comparative negligence for personal injury claims, which means that being partially responsible for an accident does not eliminate your right to recover compensation; it simply reduces it.
If it’s determined that you were 20 percent at fault for the collision, your total recovery is reduced by that same percentage. Unlike some other states that bar recovery once a plaintiff reaches a certain threshold of fault, California allows injured parties to pursue compensation even when they bear significant responsibility for what happened.
Insurance companies often use comparative fault arguments to reduce what they pay out, which is one of the reasons having an attorney evaluate and counter those arguments matters from the very beginning.
How long do you have to file a reckless driving accident claim?
In most reckless driving accident cases in California, injured victims have two years from the date of the crash to file a personal injury lawsuit. Missing that deadline typically means losing the right to pursue compensation entirely, regardless of how strong the underlying claim may be.
The timeline is different when a government entity is involved; if a dangerous roadway, faulty traffic signal, or other public infrastructure contributed to the crash, California law requires that a formal government tort claim be filed within six months of the accrual of the claim.
That shorter window arrives well before the standard two-year deadline, and missing it can eliminate the ability to pursue that portion of the claim.
Given that these deadlines run from the date of the accident rather than the date treatment ends or injuries are fully understood, speaking with an attorney as early as possible after a crash is always the right move.
Frequently asked questions
Does a reckless driving ticket automatically make the other driver liable?
The fact that a reckless driver was given a citation does not automatically mean they are liable for your injuries. You have to show evidence that establishes negligence. Most importantly, you'll need to prove that reckless driving was actually the cause of the accident. If they were reckless but that didn’t contribute to the accident, you won’t be successful unless you otherwise prove negligence.
What happens if the reckless driver flees the scene?
If the other driver flees, it becomes a hit-and-run, and you should call the police right away. You may still be able to file a claim through your own insurance or get help finding the driver.
How much does it cost to hire a reckless driving accident lawyer?
Most reckless driving accident lawyers, including those at McNicholas & McNicholas, LLP, work on a contingency fee. The standard fee is usually a percentage of what you recover.
Do you have a reckless driving accident lawyer near me?
McNicholas & McNicholas, LLP represents reckless driving accident victims throughout Los Angeles and California, and our team is ready to help regardless of the circumstances of your case. We offer free consultations at any of our office locations:
Los Angeles: 10866 Wilshire Blvd., Suite 1400, Los Angeles, CA 90024
Santa Ana: 217 N Main St., 2nd Fl, Santa Ana, CA 92701
Point Richmond: 1160 Brickyard Cove Rd., Suite 106, Richmond, CA 94801
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