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On September 1, 2019, actor Kevin Hart was injured in an accident involving his 1970 Plymouth Barracuda. CBS News reports that Jared Black was driving the vintage muscle car in Malibu when he accelerated and lost control of the vehicle. After crossing the lane of oncoming traffic, the car careened down an embankment and hit a tree head-on. The tree was hit so hard that it was uprooted and rolled down the hill.
None of the three occupants (Hart, Black, and Black’s fiancé) wore a seatbelt. All three suffered severe injuries in the accident. Hart has suffered severe back injuries and is working on rehabilitation by doing physical therapy at home. His representatives state that he hopes to return to work by early 2020. Hart has publicly supported Black following the crash. Both Black and his fiancée also sustained injuries and are recovering.
The California Highway Patrol report stated that Black was not under the influence of drugs or alcohol at the time of the crash. The California Highway Patrol determined that Black violated the law, though the report did not indicate whether prosecutors would file criminal charges.
California law allows people who have been injured by reckless drivers to seek compensation for their accident-related losses, including their medical expenses, lost income, property damage, and physical and emotional pain and suffering. If you are in Los Angeles and have been injured by a reckless driver, call Arash Law or fill out our “Do I Have A Case?” form to schedule a free case review with a reckless driving accident lawyer.
What Is Reckless Driving?
Section 23104 provides even more severe consequences when reckless driving accidents cause bodily injuries to victims.” Reckless driving is a criminal offense and not a traffic infraction or civil offense. It can result in jail time and a criminal record. Those convicted of reckless driving face a jail sentence of at least five and no more than 90 days. This is in addition to fines, court costs, and attorney fees.
In the Kevin Hart accident, both passengers and the driver were injured. This means that Jared Black could face up to six months in jail if prosecutors decide to file reckless driving charges against him.
Types Of Reckless Driving
Negligent driving and reckless driving are different legal concepts. Understanding this difference matters for your case. Negligence is the failure to use ordinary care while operating a vehicle. It is a civil infraction; injury victims can file lawsuits against the driver for monetary damages.
Reckless driving, however, is a criminal offense. Prosecutors can file criminal charges against the driver, who faces jail time if convicted. The behavior must also be more egregious because there are more serious legal consequences. Rather than a simple lack of ordinary care, the driver must show a willful or wanton disregard for the safety of persons or property.
Here are some examples of driving behavior that could constitute reckless driving:
- Driving with a blood-alcohol level between 0.01 and 0.08.
- Intentionally speeding through a school zone or construction work zone.
- Tailgating, weaving, and other aggressive driving maneuvers.
- Speeding significantly over the posted speed limit.
- Ignoring stop signs and traffic signals.
- Street racing.
- Driving a car known to have faulty brakes or other defects.
- Illegal passing on the shoulder or into a lane of oncoming traffic.
- Driving with too many passengers or not enough seat belts.
- Passing a stopped school bus.
Prosecutors assess the severity of the driver’s behavior when determining whether to file criminal charges for reckless driving. If the driver’s behavior is beyond a simple lack of ordinary care and rises to the level of willful and wanton disregard for the safety of others, criminal charges can be filed.
Victims can file a civil claim to pursue compensation for their injuries and losses. Injury attorneys can assist them with the legal process and assess the potential value of their damages.
Reckless Driving Statistics
Reckless driving encompasses a range of dangerous driving behaviors. These behaviors cause most auto accident deaths in the United States. Here are some facts about reckless driving:
Aggressive Driving
According to recent data analyzed by the National Safety Council and NHTSA, approximately 66 percent of traffic fatalities are caused by aggressive driving behaviors. These dangerous actions include speeding, tailgating, unsafe lane changes, and running traffic signals. The study included driving behaviors such as:
- Following improperly.
- Improper or erratic lane changing.
- Passing where prohibited.
- Operating the vehicle in an erratic, reckless, careless, or negligent manner.
- Suddenly changing speeds.
- Failure to yield the right-of-way.
- Failure to obey traffic signs, traffic control devices, or traffic officers.
- Failure to observe safety zones and traffic laws.
- Failure to observe warnings or instructions on vehicles displaying them.
- Failure to signal.
- Driving too fast for conditions or in excess of the posted speed limit.
- Racing.
- Making an improper turn.
Speeding
Speeding continues to be a major contributing factor in fatal crashes. In 2023, speeding was involved in 29 percent of all traffic fatalities, resulting in 11,775 deaths. This means speeding claimed over 32 lives every day across the United States. Speeding-related accidents are among the primary factors contributing to fatal incidents. In such cases, the eligible family members of the victims may be able to file a wrongful death claim.
Alcohol-Impaired Driving
Alcohol-impaired driving remains a deadly problem on American roads. In 2023, 12,429 people died in alcohol-impaired driving crashes, which equals about 34 deaths every day or one person every 42 minutes. These crashes accounted for 30 percent of all traffic fatalities. The economic and societal costs of drunk driving crashes are staggering, exceeding $58 billion annually. DUI can be charged as its own criminal offense. But there are many cases where a driver’s blood-alcohol level does not quite meet the 0.08 threshold. In these cases, the driver can still be charged with reckless driving and be sentenced to jail time.
Other Impaired Driving
Impaired driving is not as simple as establishing that the driver had a blood alcohol content of at least 0.08. Having both drugs and alcohol in their system can lead to an even greater level of impairment for a driver. In a case such as this, the driver’s blood alcohol content is often not enough to determine the full scope of their impairment.
Prescription medications are even more confusing. Toxicology tests will reveal the presence of the prescribed medicines in the driver’s system. It is challenging to say the exact level at which impairment can be established. In fact, many experts may refuse to testify on that issue at all. Such an outcome can make it difficult for prosecutors to file DUI charges against a driver impaired by prescription medications.
Reckless Driving Requires No Set Proof Of Impairment
Prosecutors need only show the driver’s willful and wanton disregard for safety. Reckless driving charges are often the only tool prosecutors have to deal with drivers impaired by their prescription medication. This has caused a significant public health risk as the opioid epidemic sweeps across the United States.
Distracted Driving
Distracted driving continues to claim thousands of lives each year. In 2023, 3,275 people were killed in crashes involving distracted drivers, and nearly 290,000 people were injured in distracted driving crashes in 2022. Drivers who text take their eyes off the road for an average of five seconds, which at 55 mph is equivalent to driving the length of a football field blindfolded. Texting while driving is typically a traffic infraction without criminal penalties.
When distracted driving is particularly egregious, however, it can rise to the level of “willful and wanton disregard for safety,” and prosecutors could choose to file criminal charges. This might happen if a driver were to text and drive in a school zone, a work zone, or another area known to be particularly hazardous. It could also occur if the driver were not simply texting and driving, but watching a lengthy video, or engaging in other dangerous acts with their cell phone or mobile device. As in other cases, the severity of the driver’s conduct determines whether criminal charges will be filed for reckless driving.
Teen Drivers
Teen drivers are known to have higher rates of accidents. In fact, the Centers for Disease Control and Prevention reports that motor vehicle accidents are the leading cause of death for teens in the United States. Because of this, driving behaviors that would only be negligence for experienced drivers can constitute reckless driving for new teen drivers. Loud radio music, texting and driving, and other common distractors can be fatal for teen drivers.
Teens have restrictions that older adult drivers lack. They may not carry passengers under the age of 20 (except for immediate family members). They are subject to a zero-tolerance alcohol policy. Violations of these laws can be severe enough to support criminal charges for reckless driving.
Contact An Accident Lawyer For Reckless-Driving Victims In California
Reckless drivers cause serious injuries. Car crashes often leave victims with lifelong losses and challenges. California law allows victims of reckless driving to pursue compensation for their accident-related losses. This includes medical bills, pain and suffering, lost wages, decreased future income potential, scarring, disfigurement, and a loss of enjoyment of life, among other intangible losses. Car accident lawyers in California can help victims assess the damages that apply to their cases.
Call Arash Law at (888) 488-1391. Our skilled California car accident lawyers have experience representing clients in negotiations with insurance companies and can guide victims through the claims process. We can review each settlement offer you receive and assess whether it adequately addresses the extent of your losses.
If we can’t reach a fair settlement through negotiations with insurers, we may advise you to take your case to court. We work diligently to assist California car accident victims with the legal aspects of their cases, allowing them to focus on recovering from their injuries.
