Was the driver who hit me reckless?
You are driving along. You are following the safety rules. Then all of the sudden your car is struck. You didn’t see it coming. The other driver was going so fast. Are you a victim of reckless driving?
Whenever we review a personal injury case, we investigate to see if a driver was operating recklessly.
What is reckless driving?
Connecticut law provides that no person shall operate any motor vehicle upon any public highway of the state recklessly, having regard to the width, traffic and use of such highway, the intersection of streets and the weather conditions.
How do we determine if a driver is reckless? We look for the following factors:
1. Was the person operating a motor vehicle recklessly when that person does so knowing or having reason to know of facts that create a high degree of risk of physical harm to another and deliberately proceeds to act in conscious disregard of, or with indifference to, that risk?
2. Was a person operating a motor vehicle recklessly when that person knows or has reason to know of facts that create a high degree of risk?
3. Was the operation of a motor vehicle upon any public highway at such a rate of speed as to endanger the life of any person other than the operator of the motor vehicle?
4. Did the operation of a motor vehicle upon any public highway at a rate of speed greater than eighty-five miles per hour?
If any of those 4 factors are present, the person who caused your injuries may be responsible for reckless driving.
Reckless driving may entitle you to double or treble damages. That means 2 or 3 times the amount you would have been awarded in a wreck without reckless driving?
Reckless driving needs to be specially pleaded in a complaint.
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