Careless driving and reckless driving in Nebraska explained
Omaha, NE – One woman was killed and three other people were injured in a multiple vehicle crash in Greenwood, apparently caused by reckless driving. The accident took place on July 28, at the intersection between Highway 6 and Greenwood Drive.
According to Greenwood police, an eastbound Hummer crashed into a Toyota Scion going in the same direction, causing the Toyota to roll into a ditch. Seconds later, the Hummer slammed into a westbound Ford Fusion. A 42-year-old woman driving the Ford was killed on the spot.
The driver of the Hummer, Cheyanne Baker, 31, sustained severe, non-life-threatening injuries in the accident. Prior to the crash, Greenwood police had received complaints that a person in a Hummer was driving recklessly.
What is reckless driving?
This is how Nebraska law defines reckless driving:
“Any person who drives any motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be guilty of reckless driving.”
Technically, there are two types of reckless driving in Nebraska:
- Standard reckless driving refers to operating a vehicle with “an indifferent or wanton disregard for the safety of persons or property.”
- Willful reckless driving involves driving in a manner that indicates a “willful” disregard for the safety of persons or property.
The difference between the two types is hard to define. If you’re injured in a car accident and the police report indicates reckless driving, you should contact experienced Nebraska car accident lawyers. They will study all the facts in your case to determine whether the other driver’s conduct indicated willful intent, as this could help you claim higher damages.
A first reckless driving offense is a class 3 misdemeanor, which carries a $500 fine and up to three months in jail.
However, a repeat offender faces far more serious consequences. A third reckless driving offense is a class 1 misdemeanor and the guilty driver faces up to one year in jail, plus a $1,000 fine.
What is careless driving?
Careless driving is a less serious offense. It refers to driving “carelessly or without due caution so as to endanger a person or property.” This is just another way of saying the driver was negligent. All personal injury claims are based on negligence.
Careless driving is not a misdemeanor. It is considered a traffic law violation, punishable by a $100 fine for the first offense.
What types of damages can you recover for a reckless driving accident?
No matter what type of car accident you are involved in, if the other driver was negligent you have the right to seek compensatory damages. These include economic damages to compensate you for your medical expenses and lost wages, as well as non-economic damages for your pain and suffering.
Nebraska does not allow punitive damages in car accident cases. However, since there is no cap on compensatory damages, your lawyers can convince the jury to increase the amount of non-economic damages if the conduct of the guilty driver showed willful intent.
If you were recently injured in a car accident in Nebraska, schedule a free consultation with a knowledgeable attorney at the Rensch & Rensch Law firm, with offices in Omaha and Columbus. Their attorneys work on a contingency fee basis, so you don’t owe them anything unless they win your case.
Contact info:
Toll-free: 800-471-4100
Omaha office:
7602 Pacific St #102, Omaha, NE 68114
Columbus office:
1470 25th Ave, Columbus, NE 68601
