Reckless people often act without considering the consequences to themselves or others. When it comes to driving, reckless people cause wrecks. Kentucky revised statute 189.290 gives a broad description of what drivers should do to avoid a reckless driving charge:
189.290 Operator of vehicle to drive carefully.
(1) The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway. (2) No person shall willfully operate any vehicle on any highway in such a manner as to injure the highway.
What is reckless driving?
According to the 2020 edition of Kentucky’s Traffic Collision Facts compiled by the state police, these are some contributing factors to injury collisions that could fall into the category of reckless driving:
- Alcohol involvement
- Cell phone use
- Disregarding traffic control
- Distracted driving
- Driver inattention
- Drug involvement
- Emotional driving
- Failure to yield
- Following too close
- Improper passing
- Driving too fast for the conditions
- Driving at an unsafe speed
- Weaving in traffic
Obviously, some of these factors are egregiously reckless and have stiffer penalties than simply a misdemeanor. For example, the first offense for DUI has the penalty of 90 days of an alcohol or substance abuse program plus the loss of driving privileges for 6 months.
Is reckless driving a felony?
In Kentucky, violating statute 189.290 against reckless driving is not considered a felony; it is a misdemeanor, with fines of $20-$100. Drivers convicted of reckless driving get 4 points on their license. Under Kentucky’s point system, drivers who accumulate 12 points or more (or 7 points or more if they are under 18) within 2 years can have their license suspended. If the driver is convicted of reckless driving 3 times in 12 months, their license is automatically suspended for 6 months.
Furthermore, if a person causes an accident while driving recklessly, they will receive 6 points on their license.
Do you have the right to bring a lawsuit against a reckless driver who caused you injury in a motor vehicle accident?
You do indeed. First, you must make a claim with your own insurance company because Kentucky is a no-fault state. If any of the conditions below are met, you are then entitled to make a claim or file a lawsuit against the reckless driver who was at fault.
- Medical expenses for your injuries amount to at least $1,000
- Permanent disfigurement
- Fracture of a weight-bearing bone
- A compound, compressed, or displaced fracture of any bone
- Any permanent loss of a body function
In Kentucky, the average emergency room visit costs $1,740, easily above the $1,000 threshold. However, this figure doesn’t include an ambulance ride (the average cost for an ambulance ride in 2020 was $1,277), surgery, follow-up care, or medication.
It’s easy to see that any kind of severe accident can quickly cause medical bills to mount beyond whatever PIP coverage you have in place. NPR detailed one case where a man found himself with over $700,000 in medical bills after an accident left him with several broken vertebrae. His PIP and medical insurance together did not cover all of his costs.
Can you report reckless driving?
What should you do if you observe a reckless driver? First of all, keep yourself and your passengers safe; avoid the vehicle.
Next, according to the Kentucky Transportation Cabinet, call 911 or the Kentucky State Police at 1-800-222-5555 to report the reckless driver’s location.
What can you do if you have been injured in an accident with a reckless driver in Kentucky?
The term “reckless” can be subjective and difficult to define. In order to prove a reckless driving charge against someone, you need proper evidence and adequate knowledge of the law. After an accident involving a reckless driver, you should be focusing on your recovery and not chasing down legal codes or witness testimony. This is why you should consult an experienced car accident attorney to help build a strong case for you in court so that you can receive the compensation you need and deserve. An experienced Kentucky car accident lawyer will:
- Find the proper courses of action within the law to pursue a case to benefit you
- Determine the strength of your evidence and your claim
- Identify the parties who are potentially liable for your injuries
- Communicate with the insurance companies and attorneys of the opposite party
- Protect you and your rights
What kind of compensation can you receive?
If you have been injured in a Kentucky motor vehicle accident that was the fault of a reckless driver, schedule a free consultation with the experienced car accident attorneys at McCoy & Sparks. We will work tirelessly to get you the compensation you need and deserve:
- Medical costs
- Future medical bills related to the crash
- Lost wages
- The cost of future earnings you will miss
- Services you may need, like therapy or in-home help
- Pain and suffering
Make the right call to 1-844-4KY-WINS for a risk-free consultation with one of our attorneys today.