During the aftermath of an auto accident, one of the most important factors to consider is who was responsible for the collision. Reckless driving is one of many behaviors that can impact the outcome of liability in a car accident case. Consult with a Kane County auto accident lawyer to learn more about your legal rights and options after a crash.

How is Reckless Driving Defined?

Under Illinois Vehicle Code 625 ILCS 5/11-503, reckless driving is defined as the following.

  • Driving any vehicle with a willful or wanton disregard for the safety of persons or property; or
  • Knowingly driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne

If you are found to have engaged in any of the above behavior on purpose, you can be charged with reckless driving in Illinois.

What Constitutes Reckless Driving in an IL Car Accident Case?

While Illinois state law does define reckless driving, it is vague in its description and can include any behavior given that the driver is acting in willful disregard for the safety of others. In a car accident case, the victim of an accident can use the other driver’s reckless driving as a way to ensure they can recover compensation for their damages.

Although many behaviors can be considered reckless, the following are common examples noted in car accident cases.

  • Running red lights or stop signs
  • Excessive speeding
  • Speeding in school zones
  • Cutting off other vehicles
  • Tailgating
  • Brake checking
  • Racing
  • Failing to abide by traffic laws
  • Distracted Driving
  • Weaving in and out of traffic

If the other driver in your car accident case participated in any of the above actions which led to your accident, you can use this information to establish liability and fault.

What Are the Legal Consequences for Reckless Driving in IL?

Standard reckless driving is typically considered a Class A misdemeanor. Drivers who are found guilty of misdemeanor reckless driving may be subject to a jail sentence of up to 364 days and fines of up to $2,500.

If the violation causes bodily harm to a child or on-duty school crossing guard or great bodily harm or permanent disability/disfigurement to another person, the offense is considered aggravated and will be charged as a Class 3 or 4 felony. This offense can result in more severe penalties like up to 3 years in prison and additional fines.

Besides the standard legal repercussions of both regular and aggravated reckless driving, offenders may receive additional penalties depending on the details of the situation. These extra consequences can include a term of probation, license suspension, mandatory community service, and more. Convictions will also result in a criminal record which has many implications for an individual’s daily life.

If you were involved in a car accident related to reckless driving it is important that you obtain professional legal representation. Reach out to a skilled attorney today for help.