Posted on March 6, 2018
Theories of Liability
If a driver is found to be liable for your accident due to their recklessness, that means that 4 elements have been met. These include the following:
- The intent, which means that somebody acted with an intent to cause harm
- Recklessness when somebody knows that they committed an act that could lead to harm
- Negligence, which is when somebody breaches a duty to you on the roadways
- Strict liability, where somebody is held liable for their actions no matter what mental state they were in at the time of the accident
In cases of negligence, which are often confused with recklessness, a driver unknowingly takes a risk on the roads even though they should have reasonably known that it would lead to harm. An example of this is somebody merging into traffic because they weren’t looking closely enough. Recklessness, on the other hand, means that somebody knew they were taking a risk and did it anyway. This is an outright gambling of the safety of others on the roadways, which makes them a liable party if you have been injured in an accident.
Examples of Reckless Driving in AZ
Reckless disregard for others can be seen in many of the following actions:
- Speeding to the point where accidents are surely going to result
- Placing others in the line of danger with blatant disregard to road signs such as stop signs, yield signs, and running red lights
- Driving under the influence of drugs or alcohol
- Racing on the roadways with other vehicles
- Evading law enforcement when they are attempting to pull you over
- Passing a school bus that has stopped to pick up or drop off students
- Texting while driving
Those who drive recklessly will face many penalties on a criminal level, but you can also pursue charges on a civil level. If somebody has acted with outright recklessness on the roadways, you have a right to collect damages. It is important to act quickly so that you can preserve evidence in your case. Likely, the law enforcement officials will show up to the scene of your accident and make a police report that states how the other driver was acting with recklessness and how it led to your accident. From there, you will be able to recover any damages, such as medical bill recovery, lost income from missing work, and more. We want to help you in your time of need, so contact us at the Accident Law Group as soon as possible to get started. Call us today at 602-262-4254.
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