What Is the Difference Between Negligent and Reckless Driving?

Washington is a fault-based accident state, with laws that hold the driver responsible for a car accident financially accountable for an injury victim’s damages. Damages in Washington car accidents are often more than simple property damage to a vehicle; they also include personal injury damages such as medical expenses, lost income, and compensation for pain and suffering.

Before a car accident victim in Washington can recover compensation, they have to prove the other party’s liability. This requires evidence that another driver’s actions were negligent or reckless, but what is the difference between the two, and how does it affect a car accident claim in Washington?

A Renton car accident attorney can help you understand how negligence or recklessness impacts your case and fight for the compensation you deserve.

What Is Negligence in a Washington Car Accident Case?

Driver error is a leading cause of car accidents. When a mistake behind the wheel is unintentional but causes an accident, the driver is liable for personal injury damages due to negligence.

For example, left-turn accidents are among the most common collisions at intersections. They typically occur when a driver making a left turn focuses on traffic approaching from the right and collides with a vehicle approaching from the left as they enter the intersection. This common error results from negligence or an unintentional mistake.

Examples of driver negligence include the following:

• Driving slightly over the speed limit
• Making an unsafe lane change
• Tailgating
• Failure to yield the right of way
• Improperly merging
• Distracted driving that does not include using a cell phone for hands-on texting or scrolling
• Failure to adjust speed for inclement weather

The above examples of negligence may be unintentional errors, but the negligent driver is legally liable for any damages resulting from their negligence. In most cases, the injury victim files a claim against the negligent driver’s auto insurance. A negligent driver may also receive a traffic citation for their negligent action.

Our car accident lawyers in Renton can investigate the circumstances of your accident and gather evidence to prove negligence.

What Is Recklessness In a Washington Car Accident Claim?

When a driver’s dangerous actions behind the wheel are more than a simple mistake, but involve actions taken with a careless disregard for the safety of others, it’s recklessness. Under Washington RCW 46.61.500, the law describes a reckless driver as follows:

“Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”

Examples of reckless driving in Washington car accident claims include the following:

• Excessive speeding
• Unsafe or improper passing
• Texting while driving
• Running a red light or stop sign
• Aggressive driving
• Road rage
• Impaired driving
• Evading the police (high-speed chases)
• Drag racing or street racing
• Reckless overtaking, such as passing on a curve

Legally, a reckless driver is not only liable for an injury victim’s economic damages and compensation for pain and suffering, but they may also face punitive damages and criminal charges. Punitive damages are available to injury victims in civil liability claims when the at-fault party’s actions were egregiously reckless. Criminal charges may also be brought, with penalties of up to $5,000 and up to 354 days in jail upon conviction.

If you’ve been injured by a reckless driver, a car accident attorney can help you pursue both compensatory and punitive damages.

Proving Liability In Washington Negligent or Reckless Driving Claims

A successful car accident claim to recover damages requires compelling evidence demonstrating the at-fault party’s legal liability due to negligent or reckless driving. Proving liability requires that the evidence show the following:

• The driver owed a duty of reasonable care to others on the road, including the injury victim
• They breached this duty of care through negligence or recklessness
• The breach of duty caused the accident and injury
• The injury victim suffered damages from the injury

The above applies to both negligence and reckless driving claims; however, a reckless driver may face criminal penalties in addition to civil liability because their conduct was intentional and disregarded the safety of others.

Contact a Renton Car Accident Attorney For a Free Case Evaluation

Building a strong case requires thorough investigation and documentation of the at-fault driver’s actions. A Renton accident lawyer has the experience and resources to gather compelling evidence, work with experts, and build a strong case on your behalf to maximize your compensation.

To schedule a free consultation with a car accident attorney in Renton, contact Caffee Accident & Injury Lawyers today at (206) 312-0954 to discuss your case and learn how we can help you recover the damages you deserve.