Reckless driving in Massachusetts refers to operating a vehicle in a manner that a reasonable person would know is likely to cause substantial harm, or that demonstrates a willful or wanton disregard for the safety of others.
Being involved in a reckless driving car accident can be a stressful and confusing experience. You may be dealing with the aftermath in the form of extensive medical bills and lost work time. At DiBella Law, our compassionate attorneys can help with your case from start to finish, seeking the full compensation you deserve.
- Reckless driving involves a willful disregard for the safety of others and carries harsher penalties than negligent driving, which results from a failure to use reasonable care. Both may serve as evidence in a personal injury claim, but reckless driving demonstrates a higher degree of fault.
- Injured parties should take the following steps after an accident: seek medical attention, report the crash, gather evidence, avoid admitting fault, notify their insurer, and consult a personal injury attorney. Under Massachusetts’ modified comparative negligence system, compensation can be reduced or completely barred if the injured person shares responsibility for the accident.
- Reckless driving convictions can lead to fines, jail time, license suspension, a criminal record, and increased insurance rates, cancellations, or coverage denials.
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What Does Massachusetts Law Say About Reckless Driving?
In Massachusetts, reckless driving means operating a vehicle in a way that shows a conscious disregard for the safety of others. It’s more serious than negligent driving, which happens when someone simply fails to use reasonable care or makes a careless mistake.
The main difference between reckless and negligent driving is intent. Reckless drivers know, or should know, that their actions could cause serious harm but choose to take the risk anyway. Negligent drivers, on the other hand, may not realize the danger because they are inattentive or careless.
Negligent driving is usually treated as a misdemeanor and can result in fines, a short jail sentence, and license penalties. Reckless driving is also a misdemeanor but carries harsher consequences, including up to two and a half years in jail, a fine of $20 to $200, a license suspension of at least 60 days, and a permanent criminal record.
Under Massachusetts law, reckless driving means more than just a simple mistake or lapse in judgment. It describes driving that shows a willful disregard for clear risks like speeding excessively, running red lights, or weaving through traffic in a way that could seriously endanger others. Courts view this behavior as more serious than negligence but less severe than intentionally causing harm.
How a Reckless Driving Charge Affects an Accident Claim
In a personal injury lawsuit, the court can use a defendant’s reckless driving charges as evidence of negligence. For example, if they were found guilty through conviction or a plea deal, this can reflect their role in an accident. Similarly, if they have pending or dismissed charges, a police report, citation, or testimony may support a negligence claim.
While the jury may consider the conviction or facts behind the charge as part of the evidence that the defendant breached their duty of care, the plaintiff still must prove causation and damages.
It is also important to consider Massachusetts’ comparative negligence rules and how they apply to these types of cases. Under the state’s modified comparative negligence system, an injured person can recover damages so long as they were not more than 50% at fault for the accident.
However, if they were partially at fault, their compensation is reduced by the percentage of fault attributable to them. For example, if someone is found 20% responsible, their damages are reduced by this amount.
Common Examples of Reckless Driving Behavior
Several different behaviors can be considered reckless and increase the risk of a collision occurring. The most commonly recognized of these include the following:
- Excessive speeding, especially well above the posted limit or in dangerous conditions
- Weaving through heavy traffic or aggressive lane changes
- Street racing or drag racing
- Running red lights or stop signs in a way that creates obvious danger
- Passing on blind curves, hills, or other clearly unsafe areas
- Driving while highly distracted
- Operating under the influence of alcohol or drugs.
- Ignoring police signals to stop or fleeing from law enforcement.
- Driving in a way that shows deliberate indifference to weather, road, or pedestrian conditions.
Our dedicated team of attorneys could help gather evidence to support a reckless driving claim and pursue fair compensation for the resulting damages.
Legal Options if You Were Injured by a Reckless Driver
If you or your loved one has been in a reckless driving accident, there are proactive steps you can take to protect your right to compensation.
- Get medical care immediately: Even if injuries seem minor, prompt treatment creates a medical record linking your injuries to the crash.
- Call the police and obtain a report: An official accident report can serve as significant evidence in both insurance claims and court proceedings.
- Gather evidence: Take photos of the scene, vehicles, and injuries; collect witness names and contact information.
- Do not admit fault: Avoid making statements to insurers or others that could be interpreted as admitting responsibility.
- Notify your insurance company: Report the accident promptly, but provide only the necessary facts.
- Consult a personal injury lawyer: An attorney can preserve evidence, handle insurers, and pursue full compensation for medical bills, lost wages, and pain and suffering.
- Be aware of deadlines: In Massachusetts, you generally have three years to file a personal injury claim, but some cases require faster action.
Get in touch with our law office today to get support with your claim. Our team can begin collecting essential evidence for your case and ensure all filing deadlines are met.
Penalties for a Reckless Driving Conviction
A reckless driving conviction carries numerous consequences, including fines, jail time, license suspensions, and other penalties.
- Fines: Financial penalties range from $100 to $500 for a first offense, but can increase for repeated offenses or if a serious injury results.
- Jail time: Up to 2.5 years in a house of correction for a first offense.
- License suspension and revocation: The Registry of Motor Vehicles may suspend or revoke the defendant’s driver’s license.
- Other penalties: The court may impose probation, mandatory driver safety courses, or community service.
Reckless driving charges also result in insurance consequences. A conviction almost always causes higher auto insurance rates. Additionally, some insurers may cancel the policy of the convicted individual or refuse to renew it. Future insurance applications may be limited or more expensive, especially for high-risk carriers.
Why Trust Dibella Law With Your Case
When you choose to partner with our attorneys, you secure a loyal legal team dedicated to the success of your case. Working with us comes with numerous benefits, including the following elements:
- Every case is personal: We treat each client with individualized attention, ensuring their unique needs and concerns guide the legal strategy.
- Christopher DiBella’s personal experience: As the founding partner, Christopher brings firsthand insight and empathy to every case, enhancing client understanding and trust.
- DiBella Difference Guarantee: Our firm is committed to providing clear communication, dedicated advocacy, and responsive service throughout every stage of your case.
- Advanced technology: Utilizing their app, Zoom consultations, digital case journals, and instant online case evaluations, our firm streamlines the process for seamless and convenient service.
- Extensive experience across Massachusetts and New Hampshire: Serving clients statewide, our team handles a wide range of personal injury and accident cases.
Call DiBella Law today at 855-342-3552 to schedule a consultation with our hardworking and skilled legal advocates.