Reckless Driving and Wrongful Death
I’m Ed Smith, a Sacramento wrongful death lawyer. Reckless driving is a major cause of auto accidents and can result in a wrongful death when a victim passes away as a result.
Reckless Driving in California
Under California Vehicle Code 23103 (a), a reckless driver is defined as one who wantonly or willfully disregards other people’s safety or property. A regular charge of reckless driving is a misdemeanor that may result in fines and jail time. When someone is injured or has a previous reckless driving charge, the penalties are amplified under California Vehicle Code 23105 (a). A wrongful death lawsuit can be filed if the accident victim dies due to negligence by another driver.
What Constitutes Reckless Driving in California?
The following areas may be considered reckless driving:
- Speeding:Under California Vehicle Code 22350, driving a vehicle at a speed that endangers others is prohibited. This includes not taking weather conditions, highway surface and traffic into consideration.
- Tailgating: Driving too closely behind another motor vehicle can cause an accident if the vehicle in front slows or stops suddenly.
- Drunk driving: Driving drunk and causing injury or death of another individual when the BAC level is 0.08 or higher is a felony. Underage motorists (under 21) may be charged with drunk driving with a BAC level over 0.01, according to the California Department of Motor Vehicles.
- Distracted driving: Texting while driving, eating while driving and other types of distractions contribute to auto accidents and are forms of reckless driving.
- Breaking traffic laws: This includes running a stop sign or red light, making an illegal turn and not yielding to other motorists and pedestrians who have the right of way.
- Racing: Racing with other vehicles is a dangerous form of reckless driving.
- Passing on dual lane roads: Passing another vehicle when a solid line exists between two lanes is risky. This should tell the driver that passing is dangerous. A broken line indicates that passing is permissible with care.
- Passing a school bus: If a school bus is stopped and the stop sign is lowered, passing is prohibited.
Penalties for Reckless Driving
Reckless driving is not considered a minor crime in California. If a driver is convicted of driving recklessly, he or she may be jailed up to 90 days and fined anywhere from $140 to $1,000. When another person is killed, the penalties will be increased. Penalties might also increase if the driver has a previous charge of reckless driving. In addition, the driver’s auto insurance cost may increase or the insurer may cancel their policy.
Wrongful Death Lawsuit in a Reckless Driving Case
When a loved one is killed in a reckless driving accident, a family may file a wrongful death lawsuit against the driver. A conviction of reckless driving can be cited in the lawsuit to show that the driver acted with wanton disregard for the life of another. While recovering financial damages does not bring a loved one back, it does allow the family to move forward without the financial loss the person’s death may bring. Punitive damages are not permitted in a wrongful death case. However, a survivor action does allow filing for the damages the decedent suffered prior to death. The decedent must have suffered financial loss prior to death that can include lost wages, medical expenses and associated punitive damages.
Sacramento Wrongful Death Lawyer
I’m Ed Smith, a Sacramento wrongful death lawyer. Wrongful death does much more than take the life of a loved one. It can leave a family in serious financial difficulties. If another individual’s negligent actions have cost the life of your loved one, call me at (916) 921-6400. My advice to you is friendly and free to help you in your situation. Outside the calling area, dial (800) 404-5400. A contact form is available online at my website, AutoAccident.com.
As an injury lawyer since 1982, I have been chosen to represent numerous residents of Northern California in cases involving many types of personal injuries. These include auto accidents, motorcycle crashes and truck accidents as well as traumatic brain injury.
I belong to the Million Dollar Advocates as a California member. This forum only allows membership from trial attorneys who have obtained $1 million in settlements and verdicts for clients.
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