Recklessness and carelessness behind the wheel are examples of legal negligence that leave a Washington driver liable for damages if they cause a car accident in Arlington. However, in some cases, punitive damages may be available to the victim of egregious reckless driving. So, what is the difference between reckless driving and negligent driving in Washington?
According to Washington RCW 46.61.5249 the law describes negligence as follows:
“the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances …”
Understanding Negligent Driving In Washington
When a driver makes a careless error behind the wheel, such as moving into a four-way intersection when it isn’t their turn, the action is unintentional. Still, a moment of carelessness can cause serious harm to others when it results in a car accident. Even when what happened was an honest mistake, the negligent driver is still liable for the injury victim’s damages, such as property damage to the vehicle, medical expenses, lost wages, and compensation for pain and suffering.
Examples of Driver Negligence In Washington
When a driver commits an error in traffic, such as failing to yield the right-of-way, but does not act with intention or malice, it’s legal negligence. Common examples of negligent driving in Washington include the following:
- Speeding, or failing to adjust speed for poor visibility or slippery road conditions
- Distracted driving
- Unsafe lane changes or failure to double-check a blind spot
- Tailgating
- Failing to signal a turn
- Improper merging
- Drowsy driving
- Making a turn onto a one-way street in the wrong direction
- Inadequately maintaining a vehicle
The above actions are violations of Washington’s traffic laws and may result in a citation or an accident; however, they were not intentional and don’t constitute reckless driving.
Despite the lack of intent, negligent driving breaches a driver’s legal duty of reasonable care to others. A negligent car or truck driver is liable for damages under the pure comparative negligence system in Washington.
What Is Reckless Driving In Washington?
Washington RCW 46.61.500 describes a reckless driver as follows:
“Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property…”
If a driver in Washington intentionally operates their vehicle in a manner that puts the safety of others at risk, it’s reckless driving. When a driver’s reckless actions cause an accident, they are not only liable for any damages they cause, but they also face more serious traffic citations. They may also face criminal charges if the reckless driving caused a fatality.
A driver whose actions show a wanton disregard for the safety of others may be subject to punitive damages in a car accident claim. Punitive damages serve as a punishment for the reckless driver, with the amount awarded to the injury victim.
Examples of Reckless Driving In Washington
Reckless and aggressive driving is more common than we’d like to think. Examples of reckless driving on Washington roadways include the following:
- Excessive speeding
- Running through a red light to beat traffic
- Weaving back and forth through multiple lanes
- Illegal passing
- Drunk driving
- Driving while under the influence of drugs
- Street racing
- Repeatedly or intentionally brake-checking another driver
- Purposely cutting off or blocking another driver
- Forced roadway departure
- Road rage
When a driver’s actions are more than careless but rise to the level of recklessness and disregard for the safety of others, the driver is liable for the injury victim’s damages and may face criminal penalties. If you or a loved one has been injured by a reckless or negligent driver in Washington, a dedicated Arlington injury lawyer can help you pursue compensation for your losses and hold the at-fault driver accountable for their actions.