Car accidents can happen for various reasons. In many cases, they are unfortunate incidents of road rage that happen purely by accident, as most drivers do not intentionally act in a way to cause harm. However, even if someone does drive recklessly and causes an accident without the intent to cause harm, they were still a reckless driver caused most likely acting negligently according to the law.

So, what is considered reckless driving and aggressive driving?

Negligence, recklessness, and aggressive driving however, are not necessarily the same thing. A person who acts negligently in the moment might not be someone who always tends towards reckless behavior. For example, if a driver is temporarily distracted in the moment by their child in the back seat when they cause an accident, they will have acted negligently by taking their eyes off the road, but this doesn’t make them a reckless driver.

Unfortunately, when reckless driving occurs, accidents can be severe and result in extensive damage which causes bodily injury. The driving privileges of the person convicted could be affected by a license suspension or a criminal offense. At the minimum, they should be held liable for bodily injury and your medical bills.

If you or a loved one are injured in an accident caused by a reckless driver in Central Indiana, the accident lawyers for reckless driving in Indiana at Poynter & Bucheri can ensure they are held liable. Call us today at 1-800-265-9881.

Indiana’s Definition of Reckless Driving

So, what is considered reckless driving exactly? While many forms of behaviors can be construed as reckless driving, Indiana has its own definition for safety and legal purposes.

According to Indiana Code 9-21-8-52, a person is considered to be driving recklessly when they:

• Drive at an unreasonably high rate of speed or an unreasonably slow speed, endangering the safety of others or blocking the proper flow of traffic
• Pass another vehicle from the rear while on a slope or a curve with less than 500 feet of visibility ahead
• Weave or swerve in and out of traffic where prohibited
• Speed up or refuse to give up half of the roadway to another driver desiring to pass
• Pass a school bus that is stopped and has its arm signal device extended

Signs of Reckless Driving

Such evidence of aggressive driving or reckless driving in Indiana can include:

• Driving above the Indiana reckless driving speed (a.k.a. driving far over the speed limit)
• Driving at an unreasonably low rate of speed
• Not following the vehicle in front of you from a safe distance
• Weaving in and out of traffic, cutting cars off
• Tailgating cars until they let you pass
• Recklessly passes a vehicle or blocks traffic
• Purposely blocking the way to keep other vehicles from passing
• Regularly texting while driving
• Driving under the influence of drugs and alcohol
• Purposely disobeying traffic laws and driving without care
• Driving around a school bus stopped (even on a private road)

What is the Penalty for Reckless Driving in Indiana?

The reckless driving Indiana punishment will depend on the exact circumstances of the individual case. Generally, the worse the offense, the worse the penalty and punishment will be.

There are three different types of criminal penalties that a person can receive for a reckless driving charges:

Class C Misdemeanor

Up to 60 days in jail and up to a $500 fine.

Class B Misdemeanor

A class B Misdemeanor can be up to 180 days in jail and up to a $1,000 fine.

Class A Misdemeanor

Up to one year in jail and up to a $5,000 fine.

Standard acts of reckless driving, such as speeding, swerving in and out of traffic when prohibited, and passing another vehicle on a hill or a curve, are considered Class C misdemeanors. Passing a vehicle, a school bus or motor vehicles when prohibited is a Class C misdemeanor or B misdemeanor. And reckless driving that results in bodily injury to another vehicle or person is a Class A misdemeanor.

Drivers who commit these acts and are charged with a reckless driving charge may also face criminal charges, get a license suspension, get fired from their job or struggle to find a job, and can face a civil lawsuit from the person who was injured or sustained property damage in Indiana.

Holding a Driver Liable for Reckless Driving

If you are injured in an accident by a reckless driver in Indiana, you will need to provide sufficient evidence to have police officers support your claim and hold the guilty party accountable for reckless driver’s behavior and reckless actions that affected your safety.

Insurance companies and even courts may not award you the full amount you deserve for your damages if there is insufficient evidence to prove what happened. This is why it is crucial for victims to work with a personal injury attorney that has experience with reckless drivers in Indiana.

Having legal representation can advocate for your rights and help you gather evidence to ensure the other party is charged with reckless driving for their driving behaviors.

Evidence that can help support your aggressive driving claim and help you get the compensation you deserve includes:

• An official police report
• Medical reports/documents proving you were injured
• Video surveillance from the scene of the accident
• Eyewitness statements
• Photographic evidence of the accident scene, injuries, and property damage
• Accident reconstruction diagrams and statements given by accident reconstruction specialists

If you have experienced reckless driving in Indiana, contact one of our aggressive driving lawyers at 1-800-265-9881 to ensure the driver responsible will be charged with reckless driving.

How the Personal Injury Attorneys at Poynter & Bucheri Accident Recovery Can Help

If you are involved in a reckless driving accident, our Indiana team can review your case and offer you guidance on how best to proceed because we know the Indiana law.

Reckless driving cases can be overwhelming, especially if you or your loved one sustained severe injuries, so it is beneficial to work with an attorney who can guide you through the process and handle the heavy lifting while you focus on rest and recovery. We will help walk you through the process to ensure the best possible outcome for you and your loved ones. 

Don’t hesitate — an experienced Indiana reckless driving attorney can assist you right away. Call 1-800-265-9881 for a first free consultation and case review.