How to Establish Negligence in Reckless Driving Accident Cases
When you're involved in a car accident caused by a reckless driver, the emotional, physical, and financial consequences can be overwhelming. One of the most critical steps in securing compensation is establishing that the other party was negligent. But how does that process work, especially when reckless driving is involved?
At Schilling & Esposito PLLC, we help those impacted by reckless driving accidents fight for justice. Located in Richmond, Virginia, we serve clients all across Central Virginia.
We’ll break down how negligence is established in reckless driving accident cases, what Virginia law says about reckless driving, and how victims can build a strong case to secure compensation. If you’d like more information or are looking for experienced professionals to represent you in your personal injury case, contact us today.
What Is Reckless Driving?
Virginia has some of the strictest reckless driving laws in the country. Under Virginia Code § 46.2-852, reckless driving is defined as operating a vehicle “in a manner so as to endanger the life, limb, or property of any person, regardless of the posted speed limit.”
This broad statute is further expanded upon in other specific reckless driving statutes, such as:
§ 46.2-862: Driving 20 mph over the speed limit or over 85 mph regardless of the speed limit.
§ 46.2-853: Driving a vehicle with faulty brakes or an improperly controlled vehicle.
§ 46.2-860: Failing to use turn signals properly.
§ 46.2-861: Driving too fast for conditions, even if under the posted speed limit.
Reckless driving in Virginia is a Class 1 misdemeanor, not just a traffic infraction. That means it carries serious penalties, including potential jail time and a criminal record. From a personal injury standpoint, it can also be compelling evidence of negligence or even gross negligence in civil court.
Negligence in Personal Injury Cases
To win a personal injury case in Virginia, the injured party (the plaintiff) must prove that the other party (the defendant) was negligent. Legally, negligence consists of four elements:
Duty of care: The defendant owed the plaintiff a legal duty.
Breach of duty: The defendant breached that duty through action or inaction.
Causation: The defendant’s breach caused the plaintiff’s injuries.
Damages: The plaintiff suffered actual harm as a result.
Let’s explore how each of these elements applies in a reckless driving accident case.
Duty of Care
Every driver in Virginia has a duty to operate their vehicle safely and follow traffic laws. This duty exists not just toward other drivers, but also toward passengers, pedestrians, bicyclists, and others on or near the road.
In reckless driving cases, the duty of care is generally straightforward to establish. If the defendant was operating a motor vehicle, they had a duty to act responsibly and avoid endangering others.
Breach of Duty
To prove a breach of duty, you must show that the driver’s actions weren’t only negligent but reckless—that is, they showed a willful disregard for the safety of others.
Examples of breaches in reckless driving cases may include:
Excessive speeding (20+ mph over the limit)
Tailgating or aggressive weaving through traffic
Ignoring traffic signals or signs
Texting while driving or other distractions
Driving under the influence of alcohol or drugs
A criminal charge or conviction for reckless driving can be strong supporting evidence in a personal injury lawsuit. While a criminal case requires proof beyond a reasonable doubt, a civil case only requires proof by a preponderance of the evidence (i.e., more likely than not).
Causation
Next, you must establish that the reckless behavior directly caused the accident and your resulting injuries. This is often where insurance companies will push back.
They may argue that:
You were partially at fault (important in Virginia, which follows contributory negligence laws)
The injuries existed before the accident
The accident would have occurred regardless of the reckless conduct
Establishing causation typically requires:
Police reports documenting the reckless driving
Eyewitness statements
Accident reconstruction experts
Traffic or surveillance camera footage
Vehicle damage and skid mark analysis
An experienced personal injury attorney will know how to gather and present this evidence to strengthen the causal link between the reckless behavior and your injuries.
Damages
Once negligence and causation are established, you must prove you suffered actual damages. These can include:
Medical expenses (ER visits, surgeries, therapy)
Lost wages or lost earning capacity
Property damage (e.g., vehicle repair or replacement)
Pain and suffering
Emotional distress
Loss of enjoyment of life
In more severe cases, you may also be eligible for punitive damages, which are designed to punish particularly egregious behavior and deter future misconduct. Reckless driving, especially if it involves intoxication or a willful disregard for human life, may rise to this level.
Contributory Negligence
Virginia is one of only a few states that follow pure contributory negligence rules. This means that if you’re found even 1% at fault for the accident, you're barred from recovering damages.
Insurance companies know this and will look for any opportunity to shift blame onto you. That’s why establishing clear, overwhelming evidence of the other driver’s recklessness is critical. An experienced attorney can anticipate these tactics and build a case that emphasizes the defendant's sole liability.
Evidence Needed to Establish Negligence in Reckless Driving Cases
To build a strong case, your attorney will seek to collect and preserve as much evidence as possible. This may include:
Police Reports
Police officers often note reckless behavior in their reports. If the driver is charged with reckless driving, the citation or arrest report can be key evidence.
Traffic Citations or Convictions
A conviction for reckless driving in criminal court can be used as evidence in civil court. While not definitive proof of liability, it carries weight.
Eyewitness Testimony
Witnesses to the accident can confirm the reckless behavior, such as excessive speeding or aggressive driving.
Expert Testimony
Accident reconstruction specialists can recreate the scene to show how the defendant’s reckless driving caused the crash.
Medical Records
Documentation of your injuries helps demonstrate both the causation and the extent of damages.
Photos and Video
Dashcam footage, traffic camera video, or photos from the scene can show how the accident occurred and support claims of recklessness.
What to Do After a Reckless Driving Accident
If you’ve been involved in a car accident caused by a reckless driver in Virginia, here’s what you should do immediately:
Call 911: Always report the accident and request police presence, especially if injuries are involved.
Seek medical attention: Even if you feel fine, get checked out. Injuries can appear days later.
Document the scene: Take photos of the vehicles, damage, road conditions, and any injuries.
Get witness info: Collect names and contact info from anyone who saw the accident.
Avoid talking to the other driver’s insurance company: They may try to get you to admit partial fault.
Contact a personal injury attorney: The sooner you get legal help, the stronger your case will be.
The actions you take in the hours and days following a reckless driving accident can directly impact your ability to prove negligence and recover compensation for your injuries and losses. By acting quickly and seeking legal guidance early, you give yourself the best chance of holding the at-fault driver accountable.
Contact an Experienced Personal Injury Attorney
Establishing negligence in a reckless driving accident case isn’t always straightforward. But with the right legal strategy and a clear understanding of the law, you can hold the reckless driver accountable and secure the compensation you need to recover.
At Schilling & Esposito PLLC in Richmond, Virginia, we’ve helped countless clients throughout Central Virginia work through the aftermath of devastating car accidents. If you or a loved one has been injured by a reckless driver, don’t wait. Contact Attorneys Schilling and Esposito today for a consultation.