You need to be aware of CA Vehicle Code Section 23105: Reckless Driving Causing Serious Injury If a reckless driver hits you. Car accidents are terrifying, and even more so when caused by a driver acting with a blatant disregard for the safety of others. California’s Vehicle Code (VC) Section 23105 addresses this.
In this article, we’ll explore the legal implications of VC 23105, common misconceptions about reckless driving, and how to prove liability against a reckless driver. We’ll also explain how a Los Angeles personal injury lawyer can be a strong advocate in your corner, protecting your rights and ensuring you have a voice throughout the legal process.
California VC 23105: Reckless Driving Causing Serious Injury – Explained in Simple Terms
Car accidents caused by reckless drivers can leave you feeling shaken and unsure of your next steps. California Vehicle Code (VC) Section 23105 applies to situations where a driver’s intentional disregard for safety results in another person suffering serious injuries. Remember, you can even go to jail for reckless driving in California.
If you’ve been involved in an accident caused by a reckless driver, a California lawyer can explain your rights and options under VC 23105. Here’s a breakdown of the law in simpler terms:
- Reckless Driving: This goes beyond simple mistakes or negligence. It involves a driver consciously choosing to act in a way that puts others at risk. Examples include excessive speeding, dangerous maneuvers, or driving under the influence.
- Serious Injury: The law has a specific definition for serious injury. It’s not just minor bumps and bruises. Serious injuries can include broken bones, loss of consciousness, concussions, or even brain injuries.
If you’re unsure whether your injuries qualify as “serious” under VC 23105, a Los Angeles car accident lawyer can clarify the legal definition and its applicability to your situation. They can also help you navigate the complexities of the legal system with compassion and understanding during this challenging time.
How Can You Prove the Other Driver Acted Recklessly? Building Your Case After a Reckless Driving Accident
The burden of proof falls on the prosecution (typically the district attorney’s office) to show the other driver acted with wanton disregard for safety in a criminal case for reckless driving causing serious injury. However, if you’ve been injured, this evidence can also be crucial in your personal injury lawsuit against the at-fault driver.
Here’s what can help establish the other driver’s reckless behavior:
- Witness Statements: People who saw the accident unfold can provide valuable accounts of the other driver’s actions leading up to the crash.
- Police Reports: Police officers trained to investigate accidents will document the scene, traffic conditions, and possible contributing factors, such as speeding or unsafe lane changes.
- Traffic Camera Footage: If the accident occurred near a traffic camera, the footage might capture the reckless behavior that caused the crash.
- Accident Reconstruction Data: Experts can analyze evidence from the scene to recreate the accident and determine how the other driver’s actions contributed to the severity of the impact.
- The Other Driver’s Driving Record: A history of traffic violations, such as speeding tickets or citations for aggressive driving, can support the claim of reckless behavior.
Remember, the more evidence you have, the stronger your case. A Los Angeles reckless driving lawyer can help gather this evidence and build a compelling case to hold the reckless driver accountable for their actions.
5 FAQs About California VC 23105: Reckless Driving Causing Serious Injury
If you’ve been injured in such an accident, here are 10 frequently asked questions (FAQs) to help you understand your rights and options:
1. How Can I Prove the Other Driver Was Reckless?
The burden of proof falls on the prosecution (typically the district attorney’s office) in a criminal case. However, for your personal injury case, evidence like witness statements, police reports, traffic camera footage, or the other driver’s traffic violation history can help establish their reckless behavior.
2. I Was Injured. What Are My Legal Options?
If you’ve been injured in a reckless driving accident, you might have grounds for a personal injury lawsuit against the at-fault driver. A California personal injury lawyer can advise you on your legal rights and help you pursue compensation for your medical bills, lost wages, and pain and suffering.
3. Can I Sue the Reckless Driver Even if They Weren’t Charged With a Crime?
Yes. A criminal case and a civil lawsuit are separate matters. The criminal case focuses on punishing the driver for reckless driving, while a civil lawsuit allows you to seek compensation for your injuries. Find out more about criminal cases from a Los Angeles criminal defense lawyer.
4. What Are the Penalties for Reckless Driving Causing Serious Injury?
California VC 23105 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the severity of the injuries. A misdemeanor conviction can lead to up to one year in jail, while a felony conviction can result in up to three years in state prison.
5. What Should I Do if I’ve Been in a Reckless Driving Accident?
Seek medical attention immediately, even if your injuries seem minor at first. Then, contact a California reckless driving lawyer to discuss your legal options. The sooner you act, the better chance you have of protecting your rights and getting the compensation you deserve.
Remember, this information is not a substitute for legal advice. If you have been injured in a reckless driving accident, contact a California personal injury lawyer to discuss your specific situation.
A Los Angeles traffic violation lawyer can explain the penalties that would apply in your situation after reviewing your case.
A California Lawyer: Your Ally After a Reckless Driving Accident
The aftermath of a reckless driving accident can be overwhelming. Serious injuries can lead to mounting medical bills, lost wages, and emotional trauma. However, remember you can also sue for emotional distress in California. A lawyer from Simmrin Law Group can be a strong advocate in your corner, protecting your rights and ensuring you have a voice throughout the legal process.
Remember, Insurance companies often try to minimize claims. Your lawyer will negotiate aggressively to get you the maximum compensation you deserve for your medical expenses, lost wages, pain and suffering, and other damages. Contact us today for a free consultation with a California reckless driving lawyer.