What Is Considered Reckless Driving?

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Alex Nocerino
Alex Nocerino, managing partner and personal injury lawyer at Chopra & Nocerino, LLP in Garden City, NY

Alex Nocerino is a founding partner at our firm and a successful trial lawyer with roots in New York. He is a member of the New York State Bar Association, the New York State Trial Lawyers Association, and the American Association for Justice. He has helped injured individuals win hundreds of millions in compensation from large corporations, government entities, and wealthy landlords. 

With 18 years of experience, he has been recognized as a Super Lawyer since 2019 and has a five-star Avvo rating. He is a true New Yorker and a successful trial lawyer who is unafraid to go up against even the powerful and combative defendants.

Content Last Updated:   November 20, 2024

KEY TAKEAWAYS
  • Unreasonable driving behaviors that endanger others may be considered reckless driving in New York.
  • Potential examples of reckless driving in New York include tailgating, aggressive lane changes, distracted driving, street racing, and speeding.

What Is Considered Reckless Driving in New York?

New York State defines reckless driving in Vehicle & Traffic Law, Section 1212. Under this law, any behavior that unreasonably endangers others on the road is considered reckless driving. Behavior that unreasonably interferes with free and proper highway or parking lot use is also considered reckless driving.

This open-ended definition of reckless driving leaves ample room for interpretation. One person’s idea of “unreasonable” driving behavior could differ greatly from another’s. Generally, though, reckless driving involves extreme and dangerous misbehavior that a reasonable driver wouldn’t engage in.

Common Examples of Reckless Driving

Here are some examples of driving behaviors that may amount to reckless driving under New York law:

  • Speeding – While no formal rule specifies a speeding threshold for reckless driving, 30 miles per hour over the limit is sometimes used as a benchmark.
  • Tailgating – Following too closely behind another vehicle, especially at high speeds, can cause rear-end collisions.
  • Aggressive or improper lane changes – Erratic lane changes, such as weaving in and out of traffic, cutting other drivers off, or overtaking on the shoulder, are considered reckless driving.
  • Distracted driving – This may involve anything that takes a driver’s attention off the road, such as texting, eating, applying makeup, or reaching into the backseat.
  • Running red lights or stop signs – Not stopping at a red light or stop sign is often considered reckless, especially if the driver intentionally disregards traffic signals.
  • Driving without proper lights – Knowingly driving without functioning headlights, taillights, turn signals, or brake lights endangers everyone on the road and may be considered reckless.
  • Racing – Racing other vehicles on public roads disrupts traffic and puts everyone at risk.
  • Driving on the wrong side of the road – Motorists who use the wrong side of the road or drive on the sidewalk may be considered reckless drivers.

What To Do if You’ve Been a Victim of Reckless Driving

Your actions immediately after being injured by a reckless driver can affect your odds of receiving fair compensation. Take the following steps after a reckless driving accident:

  • Call 911 – Summon a police officer to the scene. They’ll prepare a police report that can serve as crucial evidence. Share any signs of reckless driving that you observed.
  • Document the scene – Take photos and videos of the accident scene, including property damage and visible injuries. If anyone witnessed the accident, write down their contact information. Get the reckless driver’s insurance details, contact information, and license plate number if possible.
  • Get medical attention – Visit a doctor immediately, even if you don’t feel injured. You may have latent or undetectable injuries that could worsen without medical treatment. Quick diagnosis and documentation can prove that they resulted from the accident.
  • Notify your insurance company – Inform your insurance company about the accident. Provide basic factual information, such as the time and place of the accident, but don’t go into detail about fault without consulting an attorney.
  • Contact a lawyer – The skilled New York personal injury lawyers at Chopra & Nocerino can help you determine whether you have a claim against a reckless driver. Our car accident attorneys can fight for maximum compensation on your behalf.

Contact Chopra & Nocerino for Expert Guidance on Reckless Driving Questions

The sooner you consult a car accident attorney after a reckless driving accident, the more likely you are to receive fair compensation for your injuries. If you suspect a reckless driver caused your accident, contact us online or call (855) NYC-HURT to schedule a free consultation. We’re ready to listen to your story, answer your questions, and advise you on the best way forward.

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