What Is Reckless Driving vs. Negligent Driving?
If you get involved in a car accident in New Jersey, it may be because of someone else’s reckless or negligent driving behaviors. Either way, the at-fault driver could potentially be held financially responsible for your accident. It is not necessary to prove that another driver is guilty of reckless driving to be eligible for compensation for an automobile accident. Make sure to speak with an experienced car accident attorney in New Jersey.
What Is New Jersey’s Definition of Reckless Driving?
One of the key differences between reckless and negligent driving is that reckless driving is classified as a crime in New Jersey. New Jersey Statutes Annotated 39:4-96 defines reckless driving as a criminal offense where:
- A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property,
If a driver is found guilty of a reckless driving moving violation in New Jersey, the penalties can include up to $200 in fines, no more than 60 days in jail or prison, driver’s license suspension, and probation.
Examples of Reckless Driving
New Jersey law does not have a specific list of driver behaviors that meet the definition of reckless driving. This term can refer to any action by a driver that demonstrates a wanton disregard for the safety of others.
Common examples include:
- Excessive speeding or racing
- Aggressively following too closely (tailgating)
- Road-rage behaviors
- Running red lights and stop signs
- Weaving in and out of multiple lanes
- Impaired driving
- Evading the police
You do not have to prove that another driver is guilty of reckless driving or any other crime in connection with a car accident to be eligible for financial compensation from one or more insurance companies. The burden of proof that applies to a civil claim does not require intent to commit a crime or harm anyone. It is enough to show that the defendant acted with negligence.
What Is Negligent Driving?
Negligent driving refers to operating a motor vehicle with a degree of care that is less than what a reasonable and prudent driver would likely have used in the same or similar circumstances.
Negligence has four key elements:
- Duty of care: the driver or defendant had a responsibility to operate the car with a reasonable level of regard for the safety of others.
- Breach of duty: the defendant committed an act or omission that violated the expected duty of care, such as making careless driving errors.
- Causation: the defendant’s breach of duty is what caused the automobile accident. The crash most likely would not have happened were it not for the defendant’s negligence.
- Damages: the crash victim suffered specific and compensable losses in the collision, such as hospital bills and property damage.
Proof of negligent driving is enough to win a car accident case against another driver in New Jersey. Proving fault to the degree of recklessness is not required.
When Can You File a Claim Against Another Driver in New Jersey?
New Jersey uses a no-fault law, where, in the majority of cases, drivers seek financial reimbursement from their own car insurance companies, regardless of who is at fault. You may be able to sue another driver outside of this system, however, if you purchased right-to-sue insurance or if your injuries are severe.
Discuss the possibility of bringing a claim against another driver for negligent or reckless driving with a car accident attorney at the Law Offices of Jeffrey S. Hasson, P.C., during a free consultation. We will review your case at no cost to explore your legal options.