A speeding car or a distracted driver can easily cause an accident. If you’ve been in an accident like this, you may have significant losses from injuries and damage to your vehicle. The carelessness of the other driver can be hard to comprehend, especially when you’re faced with countless limitations on your life as a result.
Reckless driving like this can be one of the most devastating causes of car accidents. When you’ve suffered damages from a reckless driving incident, your first step should be to call the police. Then, head to the emergency room. Once you’re stable, contact our team to ensure you can pursue compensation for your losses.
What Is Reckless and Careless Driving?
Careless driving and reckless driving are different types of incidents. In both cases, the driver is operating the vehicle in an irresponsible manner. The differences lie in the way Nebraska law interprets a situation.
Reckless Driving
Nebraska has two different types of reckless driving cases.
- Standard reckless driving. This form indicates the driver was operating the car with an “indifferent or wanton disregard” for the safety of other people or property.
- Willful reckless driving. In this form, the driver is operating the vehicle in a way that is intentional. They are intentionally disregarding the safety of others or property.
The line between the two types of reckless driving isn’t always clear, and often it is based on the awareness of the motorist to the risks and the actions they are taking. In cases classified as willful, it’s likely the criminal charges will be more significant.
Under Nebraska law, reckless driving is a misdemeanor criminal offense, though there are several classification options the court assigns based on the circumstances.
Careless Driving
Careless driving is a bit different under Nebraska law. This type of incident involves driving in a careless fashion or “without due caution,” which puts another person or property in danger. In this form, the driver can be convicted even if they do not have any awareness of the dangers present.
Careless driving is a traffic infraction.Can You Pursue a Civil Case for Your Losses?
Even if the state pursues a criminal case, you can still file a civil personal injury case against these drivers. Violating these laws may prove the driver is negligent.
The key to winning your case is proving what happened was due to the actions of another person. In reckless and careless car accidents, it’s important to prove whether or not the driver understood the risks they created by driving in the manner they did. The criminal cases against them may help to prove your losses.
It’s always important to gather evidence after a car accident and to work closely with your attorney to ensure your rights to compensation are protected.
Why Is a Nebraska Car Accident Lawyer So Important?
Car accident cases from reckless or careless driving can lead to costly losses, including medical bills, long-term rehabilitation, and even loss of life in some cases. Having a personal injury attorney working with you helps ensure the court fully understands your losses. The process of filing a claim is complex and often riddled with legal terminology that can be difficult to understand when you're worried about getting the medical care you need and paying your bills while you are unable to work. You don’t have to face this on your own.
At the Law Office of Matthew A. Lathrop, PC, LLO, we know the challenges of recovering from such devastating accidents. Allow our team to guide you through Nebraska’s reckless driving laws, so you can focus on moving forward with your life. Call our team for a free consultation today.
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