Reckless driving in Indiana is more than a minor traffic violation—it’s a serious offense that puts people and property at risk. The law targets intentionally dangerous behavior behind the wheel, and understanding what qualifies can help both drivers and accident victims protect themselves. If you’ve been injured by a reckless driver, consulting an Indianapolis car accident lawyer early can make a significant difference in protecting your rights and recovering damages.
Driving at an Unreasonably High or Low Speed
It’s considered reckless driving to travel so fast, or so slow, that you risk hurting someone or damaging something, or when your speed disrupts the safe movement of traffic. This means you can get a reckless driving charge both for excessive speeding and for moving unusually slow if you create a hazard by blocking or endangering others on the road.
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Passing Unsafely on Hills or Curves
Passing other vehicles on a hill or around a curve can be extremely deadly, and the law prohibits it when drivers can’t clearly see at least 500 feet ahead.
(2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed for a distance of less than five hundred (500) feet ahead;
Any attempt to overtake from behind in these circumstances is treated as reckless because it leaves zero margin for surprise oncoming cars or changes in road conditions.
Weaving In and Out of Traffic
Moving back and forth across lanes, trying to speed through traffic, or cutting between lines of cars isn’t safe driving. The law classifies weaving between vehicles as reckless unless it’s specifically allowed.
Refusing to Yield to a Passing Vehicle
When someone tries to pass you, you are legally required to let them do so safely. Speeding up, refusing to give the other car enough space, or otherwise failing to share half the roadway when legally required isn’t just rude – it meets Indiana’s standards for reckless driving.
Passing a School Bus With an Extended Stop Arm
Driving past a stopped school bus with its “STOP” arm extended and lights flashing is considered reckless driving and is a serious violation of the law.
(b) A person who operates a vehicle and who recklessly passes a school bus stopped on a roadway or a private road when the arm signal device specified in IC 9-21-12-13 is in the device’s extended position commits a Class A misdemeanor. However, the offense is a Level 6 felony if it causes bodily injury to a person, and a Level 5 felony if it causes the death of a person.
Indiana law requires all vehicles, regardless of direction, to stop in these situations (with rare physical divider exceptions).
Familiarizing yourself with these laws is the best way to protect yourself and others from serious harm on the road.
Criminal Charge vs. Civil Claim After Reckless Driving
Reckless driving in Indiana can result in two separate but related legal actions. On one hand, law enforcement may press criminal charges against the defendant for endangering public safety, resulting in penalties like fines or even jail time. However, as the victim of the crash, you don’t receive any compensation through the defendant’s criminal case. Instead, you must file a civil personal injury claim to recover for your own medical bills, lost wages, and other damages.
Proving Fault in a Civil Claim
In every Indiana accident lawsuit, the burden falls on the plaintiff (the victim bringing the case) to show negligence by the defendant. To do this, four elements must be proven:
- Duty: The reckless driver owed other road users the obligation to drive safely.
- Breach: The driver broke that obligation by speeding, unsafe passing, weaving, or otherwise acting recklessly.
- Causation: That unsafe conduct is the direct reason for the plaintiff’s injuries.
- Damages: Real losses – physical, emotional, or financial – resulted from the reckless driving.
Critical evidence could include police reports, traffic citations, photos of the accident scene, black box data, dash or traffic camera video, and accounts from other drivers or eyewitnesses.
What Happens if The Victim Was Partially At Fault For the Accident?
Indiana follows a modified comparative fault law, which means after the crash, each party may be assigned a percentage of blame for the accident. If the person seeking damages (the plaintiff) was less than 51% at fault, they are still eligible for compensation, though the compensation awarded will be reduced by their percentage of blame.
IC 34-51-2-5
Effect of contributory fault
Sec. 5. In an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery except as provided in section 6 of this chapter.
For example, if you’re 20% at fault and win $100,000, you’d ultimately receive $80,000. However, if you are found 51% or more at fault for your own accident, Indiana law entirely bars you from recovering anything, even if another driver was clearly reckless as well.
What To Do If You Suspect the Other Driver Was Reckless
If you believe the other driver in your accident was acting recklessly, it’s important to protect your rights from the very start. The steps you take could make all the difference in building a strong injury claim later. Here’s what you should do:
Call Police so They Can Create a Formal Police Report
Always dial 911 and make sure law enforcement comes to the scene. Request that the officer file a detailed accident report and point out any behavior you noticed, like speeding, weaving, or ignoring traffic signals, so the reckless driving is properly documented.
Seek Medical Treatment Immediately
Even if you don’t feel seriously injured at first, see a doctor right away and follow all treatment recommendations. Medical records created soon after the crash not only protect your health but help prove your injuries were a direct result of the accident.
Gather Evidence
Document everything you can from the scene, including damage to vehicles, visible injuries, the position of all cars, skid marks, and street signs. Get the names and contact information of any witnesses who saw how the other driver behaved.
Do Not Make Statements Admitting Fault
Stay calm and cooperate with police but don’t say too much. You don’t want to accidentally say something that can be construed as admitting fault, which hurts your case.
Preserve Dashcam or Surveillance Footage
If you (or a witness) have dashcam video or if you noticed security cameras nearby, take steps as soon as possible to save that footage. Visual evidence is powerful support for showing recklessness on behalf of the other driver.
Contact a Personal Injury Lawyer Right Away
These cases carry short legal deadlines, and proving recklessness takes skill and strategy. Consulting an experienced Indianapolis personal injury attorney quickly will maximize your odds of obtaining the right evidence and holding the responsible party accountable.
Every action you take after the accident has an effect on how your case is going to play out in the future. Making sure you take the right ones is critical. Call us or contact us online today to schedule a free consultation
