South Carolina law defines reckless driving as driving with a willful or wanton disregard for the safety of others or property. Whereas negligent driving involves unintentional or careless actions/inaction, reckless driving is more severe and implies a knowing disregard for other drivers’ safety.
Victims of reckless driving accidents have the right to pursue the at-fault party for financial compensation, and the offending driver may also face criminal charges. If you have sustained injuries in an accident due to a reckless driver in South Carolina, contact us today at (803) 328 1848 to speak to a car accident lawyer from McKinney, Tucker & Lemel, LLC.
What Are Some Examples of Reckless Driving in South Carolina?
Reckless driving includes any driving that shows a wanton or willful disregard for others’ safety. As such, reckless driving behaviors are more egregious than negligent driving and show an intentional state of mind rather than simply inattention or carelessness.
Reckless driving behaviors might include the following:
- Tailgating
- Speeding
- Distracted driving
- Brake checking
- Swerving and weaving
- Aggressively changing lanes
- Running stop signs/red lights
- Driving on sidewalks
- Overtaking traffic outside of lanes
- Passing a stopped school bus
- Street racing
- Road rage
What Are the Penalties for Reckless Driving in South Carolina?
A reckless driving conviction can carry a fine of up to $200 and a prison sentence of up to 30 days, with repeated violations carrying a three-month license suspension.
Criminal penalties can be more severe if reckless driving results in injury or death. For instance, a reckless driving homicide carries a fine of up to $5,000 and a prison sentence of up to 10 years. These criminal penalties and fines are in addition to any damages the offender may have to pay in a civil lawsuit.
Note, however, that a criminal charge or conviction does not have an effect on civil claims.
What Should You Do If You Are Hit by a Reckless Driver?
If you are struck by a reckless driver, it’s crucial you start taking steps to build your case and solidify your car accident claim. After checking yourself for injuries and contacting emergency authorities, you should start documenting the accident scene if you are able. Take pictures of your injuries and vehicle damage, and get the other driver’s contact and insurance information. Take notes about environmental conditions as well, such as the weather, road conditions, and presence of obstructions.
Next, contact a doctor and get a formal diagnosis of your injuries. You will need medical documentation to prove the extent and scope of your injuries when you file a claim. Gathering insufficient documentation is a surefire way to get a claim denial, so get as much as you can.
Finally, contact a personal injury attorney. In a reckless driving case, the offender will likely face criminal charges, which can complicate the timeline for a personal injury lawsuit. A competent and experienced attorney can handle the process and manage your claim simultaneously with any criminal proceedings to expedite things.
Can I Sue a Reckless Driver for Car Accident Damages?
Yes, you can sue a reckless driver if they cause an accident and injure you.
Just like negligent driving, reckless driving demonstrates a lack of care for others’ safety. All drivers have a duty of care to operate their automobiles prudently and according to the rules of the road. Reckless driving is a violation of that duty of care, which can open the reckless driver up to legal liability for the injuries they cause.
A personal injury attorney can help you explore options for pursuing reckless drivers and recovering the compensation you are owed.
What Sort of Compensation Is Available for a Car Accident Caused by a Reckless Driver?
If you sustain injuries from a reckless driver, you can file a personal injury claim to recover any losses you suffered because of the collision. More specifically, an attorney from McKinney, Tucker & Lemel, LLC can pursue compensation for the following:
- Emergency medical bills and continuing medical costs
- Lost work income, including salary/hourly pay, bonuses, commissions,
- Reduced lifetime earning capacity due to disability/impairment
- Pain and suffering
- Quality of life reductions
- Loss of life enjoyment/consortium
- Wrongful death
- Property damage (e.g., vehicle repair/replacement costs)
In a reckless driving case, you may also be able to receive punitive damages. These types of damages are meant to punish the offender, not necessarily compensate the victim for their losses. Courts may impose punitive damages when the at-fault party displays particularly egregious or dangerous behavior. Specifically, victims can recover punitive damages if they demonstrate the offender willfully, wantonly, or recklessly caused harm (S.C. Code 15-32-520(D)).
Is There a Time Limit for Filing a Reckless Driver Car Accident Lawsuit?
As is the case with other personal injury claims in South Carolina, the statute of limitations for a reckless driving injury claim allows an injured person three years from the accident date to file a car accident lawsuit against the party that harmed them.
If you wait more than three years, you won’t be able to file a personal injury lawsuit and recover financial compensation for your injuries. Note, however, that there is no statute of limitations on reckless driving criminal charges, meaning an offender could face criminal penalties at any time.
Contact a South Carolina Car Accident Lawyer
Even if you obey all the rules of the road, it only takes one reckless driver to cause an accident and completely change your life. Reckless drivers deserve to be held accountable to the fullest extent of the law, and that includes paying for the injuries they cause.
The car accident attorneys at McKinney, Tucker & Lemel, LLC can take up the mantle and fight for your rights and well-being through a personal injury claim. We have over 45 years of experience working with injured South Carolinians and prioritize open and honest communication with clients and cost-effective advocacy. When you need aggressive and tenacious legal representation, we are the firm to rely on.
If you would like to schedule a consultation with a South Carolina car accident attorney, contact us online or call today at (803) 328 1848.
