Unfortunately, though you may take every precaution on the road to keep yourself safe, if others do not share the same priorities, you can sustain serious injuries as a result. As such, if you find yourself the victim of a reckless driving accident in Maryland, understanding how the dangerous decisions of others can impact the outcome of your claim is critical. If this reflects your circumstances, you’ll want to keep reading to learn more about these matters and how a Baltimore County auto accident attorney can fight for you during these difficult times.
What Constitutes Reckless Driving in Maryland?
Unfortunately, many use the ideas of negligence and recklessness interchangeably when discussing accidents. Though they seem similar, these are two different ideas under the law.
Generally, negligence occurs as the result of an error, mistake, or misjudgment on behalf of another driver. For example, turning off a street in front of another vehicle because they misjudged the speed and distance of the other car would be considered negligence. Recklessness, on the other hand, is defined by intent. Essentially, when a driver engages in behavior they know is inherently dangerous because it centers around a willful disregard for the safety of others. Examples of reckless driving behavior include, but are not limited to, the following:
- Excessive speeding
- Racing
- Tailgating
- Intentionally antagonizing other vehicles
- Improper passing (like using the shoulder)
- Weaving in and out of traffic
- Disregarding traffic signs
In Mayland, reckless driving is illegal. If charged, the offender can face a misdemeanor offense, a suspended license, and increased insurance premiums.
Can It Impact My Claim?
If you are injured because of someone else’s decision to drive recklessly, it’s important to understand the impact it can have on your claim against them.
In general, when you file a claim against another party, it is because they were negligent in some manner, and you’ll need evidence to help prove this. However, if you are injured because of reckless driving, it can constitute negligence per se. This is a legal standard that essentially means “negligence in and of itself.” This means the act of negligence violates a law specifically intended to keep others safe. As such, the burden of proof is lowered, and you’ll only need to show that the other party violated the law and that violation directly led to the damages you’re seeking. In most instances, a citation or charge for reckless driving is enough to fulfill this burden.
It is imperative to note, however, that Maryland is a contributory negligence state. This means if you are found to have contributed to the damage you seek in any capacity, you can be barred from collecting the compensation you are entitled to, even if your responsibility is as low as 1%. As such, ensuring you work with an experienced attorney is critical in these matters.
At the Law Offices of Markey & Orsi, we understand how devastating it can be to sustain injuries because of the reckless behavior of others. That’s why our firm is committed to providing you with the best possible legal representation. When you’re hurt, our team is here to help. Contact us today to learn more.
