Understanding careless driving can be difficult, especially in Texas, where the law uses the terms reckless and careless interchangeably but discuss different cases. To truly comprehend the dangers of careless driving, you need to understand the term. Careless driving can manifest into severe harm.
What is Careless Driving?
Careless driving is unique from reckless driving in how the law treats intent. When the driver acts with active maliciousness or wanton disregard, then a court can charge them with reckless driving. However, careless driving is when the driver handles their vehicle irresponsibly or dangerously without intending to harm others.
There are many examples of this, including running a red light, forgetting to use a turn signal, or speeding over 20 miles per hour. If this speeding results in the injury of another person, then a court can charge the driver with reckless driving. In Texas, the maximum daytime speed on most interstate and state highways is 70 miles per hour, dropping to 65 miles per hour at night. This limit can be further reduced based on weather conditions such as rain, snow, sleet, or ice.
A court may also charge a driver with careless driving if they drive while distracted. Texas does not have any laws banning the use of cell phones while driving, but nearly one-fourth of all crashes in the State involve distracted driving. Lastly, a motorist driving while fatigued may be charged with careless driving. Tiredness causes drivers to wander between lanes, potentially causing crashes and making the driver an unreasonable hazard on the roadway.
Generally, the law treats careless driving as a form of negligence rather than a crime, classifying it as a civil liability rather than a criminal one. Negligence is a breach of a legal duty that causes someone to suffer harm in the process. When a person goes behind the wheel, they have a legal duty to drive with reasonable care. If they are an unreasonable hazard, they are driving with negligence, and a court can charge them with careless driving. Accidents involving careless driving can lead to an injury claim for compensation.
Consequences of Careless Truck Driving
In some cases, careless driving can lead to injuries. The most common types of injuries in commercial vehicle accidents include neck, back, head, and internal organ trauma. Truck accidents can also be responsible for lacerations, broken bones, and burns. In extreme cases, people can suffer traumatic brain injuries, spinal cord injuries, paralysis, or even death.
In order to recover compensation after a truck collision, you need someone with legal expertise to guide you through the process and advocate for you. We have proudly served the greater Houston area and South Texas for over 45 years and have handled a wide range of traffic accident cases. Contact our team at Gutierrez law firm today to see how we can help you get the repayment you deserve.