California Reckless-Driving Accident Attorneys
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Reckless Driving Accident Attorneys In California Offering Responsive Guidance After An Injury
Drivers who operate their vehicles aggressively or recklessly are putting other people’s lives unnecessarily at risk. Drivers who operate their vehicles in such a manner may be held liable for the damages and injuries they cause. Individuals who are harmed due to another person’s actions on the road may be entitled to compensation.
Under California law, reckless driving is either a major traffic violation or an extreme driving offense. The term “reckless driving” is often used interchangeably with terms like “driving without due care,” “careless driving,” or “improper driving.” No matter what you call it, it significantly increases the risk of serious car accidents. Reckless drivers do things like:
- Disobey traffic signals.
- Ignore other motorists.
- Exhibit blatant disregard for traffic rules and regulations.
Crash Statistics In Oakland And Throughout California
Oakland is the largest city in Alameda County and the East Bay area of San Francisco Bay. It’s also the 45th largest city in the United States. Several major highways go through and around this massive city, often causing traffic congestion. With so many people going so many different places, vehicle collisions are likely to happen, some of them serious. Consider these accident statistics for Oakland and the rest of California.
- Based on 2021 OTS Data for Oakland, 1,963 total fatal and injury crashes occurred. Of these incidents, 237 were speed-related, and 157 of the collisions involved alcohol.
- According to Oakland’s SOS Annual Report in 2023, major contributing factors of reckless driving accidents continue to include speeding, failure to yield, unsafe turning, and impaired driving. Traffic violence remains concentrated; 6% of streets account for 60% of serious or fatal crashes, with East Oakland being especially impacted.
- California traffic fatalities have increased significantly over the years. According to NHTSA data, the state saw 4,061 traffic deaths in 2023, with alcohol and speeding being major contributing factors.
- According to a California Office of Traffic Safety (OTS) report, in 2021, traffic fatalities in California totaled 4,285, up 7.6% from 3,980 in 2020. Alcohol-impaired driving fatalities rose 16.1% (from 1,180 to 1,370), accounting for 32% of all fatalities.
These are concerning statistics. Distracted or otherwise negligent and reckless drivers are responsible for thousands of preventable deaths each year. Our law firm understands the detriment that car accidents cause. We assist individuals affected by careless drivers in pursuing available legal remedies for their damages or the loss of a loved one. Our California reckless-driving accident attorneys offer committed legal advocacy to injury victims who need it.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
California Car Accident Laws You Should Know About
Applying our knowledge of the law is our job, but you should be aware of your rights as a driver in Oakland. You should know:
- Who is likely at fault for the accident
- How car accident insurance claims work
- How to begin the process of financial recovery
Armed with this knowledge, you can take immediate action when you need it the most. There are hundreds of federal, state, and local laws that might impact your car accident case. Here are a few of the most critical:
- At-Fault Auto Insurance — California is an “at-fault” state for auto insurance claims. The driver at fault for causing the accident will be liable for any damages they caused. You typically file your claims with the at-fault driver’s insurance carrier before seeking reimbursement from your own insurers, though specific procedures may vary.
- Comparative Negligence Laws — California courts use the rules of “pure comparative negligence.” Both parties in an accident might share fault depending on the specifics of the situation. California follows a pure comparative negligence system, which means that even if the plaintiff was determined to have contributed to the accident, they may still be able to recover compensation. Their settlement would be reduced by their percentage of fault as assigned by the court. Each case is unique, and outcomes depend on specific facts and circumstances.
- Types of Damages Available — The State of California allows injured individuals to recover compensation for their auto accident damages. These can include:
- Medical bills
- Property damage
- Lost wages
- Pain and suffering
- Disability
In California, injured individuals don’t have to suffer minimum damage amounts to sue the other driver. The Oakland small claims court will hear cases that have damages of under $10,000. A personal injury claim may result in different compensation than an insurance settlement, depending on the specific circumstances of your case. Talk with our California reckless driving accident lawyers from Arash Law about your potential legal options after a car accident.
What Defines Reckless Driving?
An individual might have been driving while under the influence of alcohol or drugs, or merely irresponsible and not watching the road. Under the California Vehicle Code Section 23103, a reckless driver is defined as someone “who drives a vehicle upon a highway with willful or wanton disregard for the safety of persons or property.” Reckless driving can involve several different behaviors and poor decisions. No cases are the same because there is a wide range of violations that fall under the term “reckless driving.”
For example, disobeying traffic laws and disregarding the rules of the road. Specific examples of reckless driving include:
- Speeding
- Distracted driving
- Not watching the road
- Tailgating
- Sudden braking
- Making illegal turns
- Failing to yield the right of way
- Failing to use turn signals
- Street racing
- Passing on the wrong side of the road
- Running stop signs or red lights
- Driving under the influence of drugs or alcohol (DUI)
- Changing lanes dangerously
Generally, a reckless driving conviction results in incarceration in county jail and fines up to $1,000, or both. Penalties for a DUI charge are more severe. No matter what type of reckless driving a driver was exhibiting, they can face criminal charges as well as a civil lawsuit. If the driver who caused your accident is facing criminal charges, you still have the right to pursue compensation for your injuries.
All of these behaviors put the safety of others on the roads at risk. Penalties for drivers can include a fine, imprisonment, and a suspended driver’s license. Reckless and aggressive drivers don’t necessarily include passenger vehicles. Many catastrophic truck accidents are due to the reckless or aggressive behavior of truck drivers. Truck accidents are more likely to leave people with life-altering injuries, and in some cases, some victims do not recover at all.
Injuries Caused By Reckless And Aggressive Drivers
Reckless and aggressive drivers cause many injuries, all of which result from choices that drivers could avoid. All of these injuries can have a significant impact on victims and their families, potentially leaving them with financial challenges, unsure of how they are going to pay all their bills. When the injured individual is the primary income earner of the family, the question of how they will continue to meet their financial needs weighs heavily. Being without a vehicle or having one in disrepair only serves to make the situation worse. Our skilled California reckless driving accident attorneys are experienced in handling different types of injury cases, including those involving:
- Brain and head injuries, including traumatic brain injuries (TBIs)
- Fractured skull injuries
- Spinal cord injuries (SCIs)
- Amputations
- Bone fractures
- Chest trauma
- Diaphragm trauma
- Chronic pain
- Dashboard knee injuries
- Facial nerve damage
- Facial injuries
What Should You Do In Case Of A Car Accident?
Since car accidents are unexpected, it can be unclear to know exactly what to do after being involved in one. First, you should check on all passengers, drivers, and pedestrians involved. If they need medical help, call for an ambulance immediately. Make sure that you don’t move anyone who is unconscious or reports back or neck pain unless their life is in imminent danger, for example, a fire or oncoming traffic. Next:
- Call the police to report any deaths, injuries, or substantial property damage. Get the names and badge numbers of officers who are at the scene of the accident. Later, you will want to call the police department and request the accident report.
- Take pictures of all persons involved, including their driver’s licenses and insurance cards.
- Take pictures of all vehicles involved, including their license plates, any visible damage, and points of rest of the automobiles.
- Take pictures of street names, traffic lights, and signs.
- Take photos of all skid marks.
- Take photos of witnesses and obtain their phone numbers and addresses.
- Preserve evidence by taking pictures of your injuries.
- Seek medical attention, even if you feel like your injuries are minor.
- Call a California reckless driving accident lawyer from our firm for a free case review.
You should also get the names, driver’s license numbers, contact numbers, and addresses of anyone involved. Get their license plates and insurance information. Be sure to get passengers’ names, addresses, and phone numbers. If there are any eyewitnesses, have them jot down their version of what happened and their contact information.
There are some things that are not advisable to do after an accident, such as:
- Admit any degree of fault.
- Speak with the at-fault party’s insurance company without first calling our office. Keep in mind that the insurance company will want to take a recorded statement for their own benefit, not yours. Keep in mind that the other party’s insurance company represents the interests of their policyholder, not yours.
- Give a recorded statement to anyone, especially insurance companies.
- Let your car be towed to their tow yard. Instead, have it towed to your home.
- Don’t apologize or admit to doing anything wrong, and for instance, violating the right of way or running a red light. If you do, you may be communicating that you are liable for the accident. However, be cooperative and courteous with the other drivers involved.
Proving Liability In A Reckless Driving Collision
Most car accident cases use the legal theory of negligence. However, in the case of reckless driving, your California reckless driving accident attorney will work to prove that the other driver was at fault by establishing intentional conduct or “negligence per se.” Willful conduct is voluntary, with an increased chance of the certainty of the consequences, such as driving while under the influence of drugs or alcohol.
Since negligence per se involves violating California law, and reckless driving is a vehicle code violation, another driver, passenger, or pedestrian who is injured might be able to establish liability using negligence per se. Either way, navigating a claim may benefit from the skills and knowledge of a dedicated California reckless driving accident lawyer.
Timely Action Matters In Car Accident Cases
The statute of limitations for personal injuries in California is two years from the date of the injury. This means that those injured in a car accident have two years from the date of their injury to file a personal injury case.
Sometimes, injured individuals become so consumed with dealing with their injuries and the resulting financial pressures that they nearly miss the time limit California allows for filing personal injury lawsuits. Two years may seem like a long time; however, it goes by fast after a car accident, leaving some victims with only a short window of time to get the appropriate paperwork filed. If you want to find out if you’re still eligible to pursue a claim, reach out to a reckless driving accident lawyer in California.
Do You Need A California Reckless Driving Accident Attorney? Arash Law Is Ready To Help
Arash Khorsandi and his dedicated legal team at Arash Law have years of experience representing injured clients throughout California, including the cities of Los Angeles, San Francisco, Riverside, San Jose, San Diego, Sacramento, and Sherman Oaks.
Our reckless driving accident lawyers have helped personal injury clients who seek justice. You can receive a free, no-obligation legal consultation by calling our office at (888) 488-1391 or completing our convenient online intake form.
