Reckless Driving Laws & New York Car Accidents

Some drivers put everyone on the road at risk through aggressive actions. For example, they may swerve between lanes at high speeds, race with other drivers, or engage in “road rage” against someone else. Aggressive driving may fall within the definition of reckless driving under New York law. Section 1212 of the Vehicle and Traffic Law provides that a driver must not use their vehicle in a way that unreasonably interferes with the free and proper use of a public highway, or unreasonably endangers people using it.

A ticket for reckless driving will put five points on a driver’s license under the New York DMV rules. They also may be charged with a misdemeanor, which means that they may face jail time. In addition, reckless driving may subject a driver to liability for any accident that resulted from their conduct and caused injuries or property damage to someone else.

Liability for New York Accidents Caused by Reckless Driving

In most car accident cases, a victim aims to prove that a driver acted negligently. This means that they failed to use reasonable care under the circumstances, and the victim suffered injuries as a result. New York recognizes the doctrine of negligence per se, which means that a violation of a state statute generally establishes a lack of reasonable care. New York courts have explicitly noted that violations of the Vehicle and Traffic Law trigger the negligence per se doctrine.

Thus, a victim who can show that the defendant was convicted of reckless driving could have an easier path to proving liability. They only would need to show that the reckless driving caused their injuries.

Damages for Reckless Driving Accidents in New York

The main type of damages in a car accident case is known as compensatory damages. These aim to restore the victim to their position before the crash (to the extent possible) by compensating them for their physical, emotional, and financial harm. Among other things, a victim might recover compensation for their medical bills, lost income, lost earning capacity, property damage, pain and suffering, and lost enjoyment of life.

But these may not be the only damages that a victim can recover in a case arising from reckless driving. Depending on the circumstances, they also might get a type of damages called punitive damages. These are intended to punish a defendant for especially egregious or reprehensible behavior, and to deter people from acting similarly. In a key case on punitive damages, the New York Court of Appeals explained that these damages may be appropriate when the defendant’s behavior had a high degree of moral culpability and showed a conscious disregard for the rights of others, or was so reckless that it equated to this disregard.

Some states limit the amount of punitive damages that may be awarded to an accident victim, but New York does not impose any limits. However, these awards remain subject to certain constitutional limits based on the principle of due process.

Last reviewed January 2024