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.
If a defendant did not get convicted of reckless driving, this does not necessarily mean that they met the standard of reasonable care. The victim still could establish liability if they can prove the elements of an ordinary negligence claim.
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.
The U.S. Supreme Court has explained that punitive damages generally must not be 10 times or more greater than compensatory damages. The Court also noted that the limit may be lower, perhaps only equal to compensatory damages, when those damages are substantial.
Car Accidents Legal Center Contents
-
Car Accidents Legal Center
- Types of Car Accidents & Legal Implications
- Causes of Car Accidents & Legal Options
- Common Injuries in Car Accidents & Legal Compensation
- What to Do After a Car Accident — Legal & Practical Concerns
- Insurance in Car Accident Claims & Lawsuits
-
New York Car Accident Law
- Proving a Car Accident Lawsuit in New York
- What Is a New York Car Accident Lawsuit Worth?
- Auto Insurance Laws in New York
- No-Fault Insurance Laws in New York
- How Comparative Negligence Affects New York Car Accident Lawsuits
- Statutes of Limitations in New York Car Accident Lawsuits
- Distracted Driving Laws & New York Car Accidents
- Drunk Driving Laws & New York Car Accidents
- Speeding Laws & New York Car Accidents
- Right of Way Laws & New York Car Accidents
- Hit and Run Laws & New York Car Accidents
-
Reckless Driving Laws & New York Car Accidents
- Improper Passing Laws & New York Car Accidents
- Auto Defect Lawsuits in New York
- Defective Design and Poor Maintenance of Roads Under New York Law
- Filing Car Accident Lawsuits Against the Government in New York
- Working With a New York Car Accident Lawyer
- New York Car Accident Law FAQs
- Car Accident Laws: 50-State Survey
- Car Accident Legal FAQs
- Find a Personal Injury Lawyer
-
Related Areas