Reckless driving is dangerous and has the potential to cause serious accidents that result in severe injuries and damage. Not only is reckless driving a crime in Tennessee, but it will also have significant implications in a car accident case. If you were involved in an accident caused by reckless driving it is important that you obtain skilled representation to ensure your rights are protected throughout the legal process. Contact a Memphis car accident lawyer to discuss your case today.
How is Reckless Driving Defined?
Tennessee Code § 55-10-205 establishes several definitions of reckless driving. The unlawful act is described as the following.
- Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.
- A person commits an offense of reckless driving who drives a motorcycle with the front tire raised off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on the premises of any shopping center, trailer park, apartment house complex, or any other premises that are generally frequented by the public at large.
- Any motor vehicle operator who knowingly ignores a clearly visible and adequate flood warning sign or barricade and drives into a road area that is actually flooded commits reckless driving.
Because reckless driving is illegal in Tennessee, if you are caught engaging in any of the above behaviors, you could be subjected to criminal charges. Reckless driving is a Class B misdemeanor and a conviction could result in up to 6 months in jail, fines of up to $500, 5 points on your driving record, and more.
What is Reckless Driving in a TN Car Accident Case?
While parts of Tennessee’s law do outline specific reckless actions like driving a motorcycle with the front wheel off the ground or bypassing barricades, the first part of the vehicle code is vague, citing “willful or wanton disregard for the safety of persons or property.” This verbiage is purposefully ambiguous as there are many behaviors that can be considered reckless when it comes to the operation of a motor vehicle.
Examples of actions that can be considered reckless in a car accident case include:
- Excessive speeding
- Weaving in and out of traffic
- Tailgating
- Brake checking
- Street racing
- Driving while intoxicated or impaired
- Texting, eating, or otherwise driving while distracted
If the other driver was engaged in any of these behaviors when the collision occurred, there is a good chance that you can establish their liability for causing the accident. Once liability and fault have been established, you can begin the process of pursuing compensation for your medical expenses, lost wages, cost to repair vehicle damage, emotional distress, and more.
To learn more about your legal rights and options, contact an attorney at Ballin, Ballin & Fishman, PC today.
