Can I Sue a Reckless Driver for an Accident in Texas?

 Posted on May 28, 2024 in Truck accidents

Reckless driving is the most common cause of fatal car accidents. Texas law defines reckless driving as when a “person drives a vehicle in wilful or wanton disregard for the safety of persons or property.” This is slightly different from aggressive driving, which is “any unsafe behavior performed purposely with ill intent or disregard for safety that puts other drivers or property at risk.”

Both types of driving are moving violations and are punishable with fines and jail time. If someone gets injured as a result of aggressive or reckless driving, the victim may be able to sue for damages. However, not all claims are entitled to compensation, so make sure to consult a Texas personal injury attorney about your specific case.

What Are the Signs of Reckless Driving?

Reckless driving is more than just forgetting to put on a seatbelt. Examples of reckless driving include:

• Driving at excessively high speeds

• Not stopping at traffic lights or stop signs

• Driving in the wrong lane

• Dangerously weaving between cars

• Changing lanes unpredictably and at high speeds

• Not stopping when signaled by police

• Street racing

• Driving while under the influence

If a driver causes an accident while exhibiting some of these behaviors, then your attorney can use that to build a strong claim for damages. 

What Are the Signs of Aggressive Driving?

Aggressive driving is more than just road rage. It is similar to reckless driving and may exhibit such signs as:

• Failing to signal while changing lanes

• Blocking cars from passing or trying to change lanes

• Tailgating

• Deliberately slowing down in front of another driver

Here, too, you may be able to claim damages if you can prove that the driver was behaving in this manner.

What if I Am Partly at Fault?

Texas has a modified comparative negligence standard. Under this law, you cannot receive any compensation for an injury caused by someone else’s negligence if you were just as negligent. For example, if you began driving aggressively in response to the other driver’s reckless driving, you may not have a claim. If you were less than 50 percent at fault, however, then you can sue for damages, but your compensation will diminish as the percentage of your fault increases.

Contact a Comal County, TX Car Accident Attorney

Usually, when a person wants to claim damages after an accident, he or she needs to prove the other side was negligent. But reckless driving can be considered even worse than negligence in some cases. If you can prove the driver was driving recklessly, you may be entitled to compensation, but your claim is only as strong as your attorney. An experienced San Marcos, Texas, car accident lawyer can build a strong case to give you the best chance of a payout.

At The Bettersworth Law Firm, we have an excellent record of recovering damages for our clients who have been injured in vehicle collisions. Let our experienced attorneys handle your case and fight to get you the most compensation possible. Call 830-606-0404 for a free consultation and to find out how.