Road traffic offences are serious offences that can result in a criminal record or, in some cases, a prison sentence. In other cases, they may result in a loss of driving privileges.
Drivers are responsible for operating their vehicles safely and following traffic laws. However, two types of driver behaviors that can lead to severe accidents and injuries are negligence and recklessness. Negligence occurs when a driver fails to use the same level of care that a reasonable person would use in the same situation. For example, if a driver is speeding and causes an accident, that driver may be considered negligent. Recklessness, on the other hand, occurs when a driver consciously disregards the safety of others. For example, if a driver is drag racing and causes an accident, that driver may be considered reckless. If you‘ve been in an accident caused by another driver, it‘s important to speak with an experienced personal injury attorney to discuss your legal options.
What Is Reckless Or Negligent Driving?
Reckless or negligent driving occurs when a driver operates a motor vehicle in a deliberate or wanton manner, endangering other people or property. Section 63 of the National Road Traffic Act 93 of 1996 defines this behavior as a road traffic offence.
Negligent driving refers to when a driver does not use proper care while driving a motor vehicle, which can often lead to personal injuries or damage to other vehicles. With the high number of deaths that occur each year as a result of reckless and negligent driving in South Africa, many people and authorities have called on the National Prosecuting Authority to enforce stricter penalties for such drivers.
You can be arrested on the spot for the following:
- Exceeding the speed limit by more than 30 km/h in an urban area
- Exceeding the speed limit by more than 40 km/h outside an urban area or on a freeway
- Reckless or Negligent Driving
- Driving under the influence of alcohol or a drug having a narcotic effect
- Excessive overloading
- Fraudulent license, license disk or number plates
- Absence of number plates
Reckless Driving
Reckless driving encompasses any driving behavior that flouts the rules of the road and endangers the safety of other motorists and pedestrians. Drivers who engage in reckless driving know full well the risks their actions pose, but continue to drive in a dangerous manner anyway.
Reckless driving can take many forms, such as speeding in school zones, running red lights, or weaving in and out of traffic. Oftentimes, reckless driving results in costly fines, the loss of driving privileges, and in some cases, jail time. Some examples of reckless driving include:
- Driving under the influence of alcohol or drugs
- Excessive speeding
- Running red lights
- Drag racing
- Driving on a sidewalk
- Texting while driving
- Failing to yield to or evading a police officer
Negligent Driving
Negligence is a legal theory that is used to hold people accountable when their careless actions cause harm to others. When a person is driving, they are expected to use a reasonable amount of care to avoid harming other people.
If they fail to do so and cause an accident, they can be held liable for any resulting injuries or damage. Some examples of negligent driver behaviors include:
- Speeding
- Failing to yield the right of way
- Disobeying traffic signals
- Distracted driving
- Falling asleep at the wheel
Suing A Defendant For Negligent & Reckless Driving
Road traffic offences can include speeding, drinking and driving, driving without a license or insurance, dangerous or careless driving etc. Each offence has different possible penalties attached to it. For example, speeding can lead to a fine, while drink driving can lead to a prison sentence. The severity of the penalty will depend on the severity of the offence and the offender‘s driving history.
If you’ve been seriously injured in a car accident, then you may be entitled to compensation for your injuries. The amount of compensation you may receive, and the legal strategy you pursue, could be influenced by the defendant’s actions. A large damages award is more likely in a reckless driving case than a negligent driving case because the driver’s behavior was more likely to cause serious injury. Additionally, there may be an opportunity for a punitive damages recovery in a reckless driving case.
