RECKLESS, CARELESS DRIVING & ROAD RAGE-WHAT ARE THEY IN FLORIDA

In Florida, what are Careless Driving, Reckless Driving and Road Rage and what are the differences between the three?

Careless driving describes behaviors behind the wheel that can jeopardize the safety of others on the road, including other drivers, bicyclists, motorcyclists, and pedestrians. However, there is no intent behind the behavior to harm others.

While the exact definition of careless driving varies by state, in Florida it means the following (taken from Florida Statute §316.1925):  “Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.”

Careless driving is a traffic violation that comes with hefty fines and points added to one’s license. So, how can someone prevent careless driving? It is simple; driving should be one’s only task when behind the wheel. Putting all other distractions behind them and staying alert in the driver’s seat can help to reduce the incidence of careless driving. Also, remember to follow the rules of the road, like stopping at red lights and stop signs and obeying the speed limit.

Careless driving may include things like:

  • Falling asleep at the wheel.
  • Using a cell phone or texting while driving.
  • Disobeying traffic signs.
  • Speeding.
  • Not using turn signals.
  • Illegal lane changes.

Reckless driving is a more severe violation than careless driving that involves intentionally driving in a way that may put other drivers in danger. Law enforcement officers may deem reckless drivers to have a “willful or wanton disregard” for human life and the safety of others on the road.

In many instances, distracted driving or driving while drowsy may be considered types of reckless driving, and the basis for this: distracted driving in recent years claimed over three thousand lives, while driving while drowsy caused over six hundred deaths for the same period.

Examples of reckless driving include:

  • Driving under the influence.
  • Speeding or driving too fast for conditions.
  • Drag racing.
  • Going around stopped school buses.
  • Driving the wrong way.
  • Texting while driving.
  • Failing to yield the right of way.
  • Weaving in and out of lanes.
  • Driving on the sidewalk.
  • Running red lights or stop signs.
  • Crossing a double yellow line on a highway.

In Florida, authorities describe road rage as “a motorist’s uncontrolled anger that is usually provoked by another motorist’s irritating act and is expressed in aggressive or violent behavior.” On the other hand, the National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “any combination of traffic offenses or general behaviors that endanger persons or property.”

Road rage is an extremely dangerous form of aggressive driving. In the worst cases of road rage, drivers may follow other cars home to physically confront someone, stalk other drivers, or intentionally collide with other vehicles. The NHTSA considers aggressive driving a traffic offense and road rage as a criminal charge.

Every driver occasionally becomes frustrated due to poor judgment of other drivers or traffic conditions. Road rage is when that anger persists and increases, potentially leading to catastrophic consequences. While young men appear to be most susceptible to road rage, it can affect people of any age or gender because anyone can take offense at what they think another driver is doing.

A few examples of aggressive driving and road rage include:

  • Yelling at other drivers.
  • Racing another vehicle.
  • Suddenly speeding up or braking.
  • Following too closely or tailgating.
  • Flashing lights.
  • Cutting off other vehicles.
  • Driving in forbidden areas, such as medians, sidewalks, or shoulders.
  • Passing where prohibited.
  • Weaving in and out of lanes.
  • Disobeying traffic signs or signals.
  • Angry, unnecessary honking.
  • Making an improper turn.
  • Excessive speeding.
  • Making threatening or rude gestures at other drivers.
  • Displaying a gun or another weapon.
  • Intentionally causing a crash.

While road rage is one type of reckless driving, reckless driving does not always include road rage. For instance, distracted driving, driving under the influence, and excessive speeding are types of reckless driving that may not involve road rage.

While an individual cannot avoid all encounters with people driving recklessly, there are some things one can do to limit their opportunities of getting into an accident with them:

  • Stay alert and be a defensive driver. Stay away from aggressive drivers when possible.
  • Do not engage with the driver. Give them sufficient room and avoid making eye contact if they are acting angry near you. Think about calling the police if it is suspected an aggressive driver is following.
  • Allow them to pass.
  • Put oneself in their shoes and try to understand why they are driving poorly. Do not take their behavior personally.
  • Do not offend aggressive drivers by tailgating, driving slowly in the left lane, cutting them off, or obscene gesturing.
  • Remain calm.

If a driver, pedestrian, motor cyclist or bicyclist has been in a motor vehicle accident caused by a reckless or careless driver in Florida, contact your auto insurance, if applicable, as well as one of the Attorneys at CASERTA & SPIRITI for a free consultation. An experienced Personal Injury attorney may be able to get the compensation deserved for the injuries and other damages sustained in such accident.