Kentucky drivers have a legal duty to follow state highway laws and to operate their vehicle safely. Unfortunately, far too often drivers fail to live up to that duty. Reckless driving is a major problem in our state. A car accident lawyer can help car accident victims hold a reckless driver liable for a wreck.
The Legal Definition of Reckless Driving
Reckless driving is a violation of Kentucky statute 189.290. That statute requires that all drivers operate their vehicle in a careful manner. Motorists must drive with consideration for the safety of other motorists, passengers and pedestrians. Notably, the language in this statute is quite broad. This is because the Kentucky legislature wanted a strict burden on drivers to be safe behind the wheel. Here are some examples of situations that the state considers reckless driving:
- Driving more than 15 miles per hour above the posted limit;
- Making erratic and unnecessary lane changes;
- Following another driver too closely (tailgating);
- Passing at an inappropriate time;
- Drag racing with another driver; and
- Any other violation that demonstrates a disregard for public safety.
Reckless Driving is Negligence
Reckless driving is one of the leading causes of highway accidents. Any type of reckless behavior is unacceptable. If you were seriously injured in an accident with a reckless driver, you deserve fair compensation for your losses. Though, car accident claims in Kentucky can be especially complex.
Unlike the majority of U.S. states, Kentucky is a no fault insurance jurisdiction. This means that car accident victims should first seek compensation for their accident from their own insurance company. However, the no fault system is a limited recovery system. In fact, the basic PIP (personal injury protection) insurance that many drivers carry only provides $10,000 worth of protection.
Serious injuries occur frequently in reckless driving crashes. They often come with far more than $10,000 in damages. To account for this, Kentucky lets those who have been severely injured step out of the no fault insurance system. To prove that another driver was at fault for your crash, you will need to prove that their negligence contributed to your accident. If you can prove reckless driving, that in itself is enough to prove fault in a major Kentucky car accident case.
Were You Injured By a Reckless Driver?
We can help. At Harville Law Offices, PLLC, we have fought for the rights of many auto accident victims, getting them full and fair compensation for their injuries. If you were injured by a reckless driver in Kentucky, please call us today at (502) 245-2333 to request your free legal consultation. From our office in Louisville, we serve victims throughout the region, including in Lexington, Owensboro and Bowling Green.