Careless Driving Car Accidents
Careless driving is one of the leading causes of auto accidents. You may be seriously injured by a driver who fails to act safely when around you. Careless driving is a traffic offense in Florida. A driver convicted of this offense can face penalties, including receiving a fine and points on their driving record, which can potentially lead to a suspension of their driver’s license.
According to Florida law, any person who operates a vehicle in a manner that is not prudent, without having regard for the width, grade, curves, corners, traffic, and all other circumstances, endangering the life, limb, or property of any person, is considered to have engaged in careless driving.
Careless driving involves a lack of reasonable care, even if unintentional. Essentially, a driver failed to exercise the level of care expected to keep other road users safe.
If you have been injured by a careless driver, or are looking to contest a careless driving ticket, get immediate legal help to understand your options.
What Comes Under Careless Driving Behavior?
Careless driving encompasses a wide range of behaviors. These include:
- Distracted driving: A driver is distracted when they text, talk on the phone, look at billboards, eat, drink, adjust the radio, have conversations with passengers, and so on.
- Failure to yield: Failing to give the right-of-way to another vehicle or a passenger when required by law or traffic conditions is careless driving.
- Improper lane changes: It’s crucial for a driver to confirm a maneuver can be completed safely before changing lanes. Failing to signal when changing lanes, crossing multiple lanes at once, and changing lanes without checking the surroundings are careless behaviors.
- Speeding: Exceeding the speeding limit endangers other road users, as a driver may not have enough time or space to react quickly when needed.
- Tailgating: A vehicle should be three seconds behind the one ahead. If a driver fails to observe this safe following distance, they may get a traffic ticket.
- Running the red light: After the traffic signal turns red, a driver who enters an intersection may be considered to have acted carelessly. Accordingly, they may face careless driving charges since violating traffic control and signal devices is unlawful.
Careless Driving vs. Reckless Driving
Careless driving involves a lack of reasonable care when operating a vehicle, potentially endangering others. A person who operates a car in willful or wanton disregard for the safety of persons is considered to have engaged in reckless driving. Careless driving implies a driver may have not intended to cause harm, whereas a reckless driver makes a conscious decision to take dangerous risks.
The legal consequences of these offenses differ. As aforementioned, careless driving may attract a penalty, points, and license suspension. A conviction of reckless driving can result in a fine, jail time, and potential felony charges. Upon a first conviction, a driver may face an imprisonment period of not more than 90 days, or pay a fine of not fewer than $25 or more than $500, or both.
If a car accident caused by reckless driving causes serious bodily injury, a driver may be convicted of a felony of the third degree, whose penalties include up to five years in prison, or a fine of up to $5,000, or both.
Careless Driving Tickets and Fines
If a police officer observes a driver driving in a careless manner, they will issue the driver a Uniform Traffic Citation (UTC). A careless driving ticket typically includes:
- Details about the alleged driver’s actions
- Date, time, and location of the incident
- Potential penalties
- Where and when the driver needs to appear in court to address the citation
- Consequences for failing to appear in court
A driver has 30 days from the date they are issued the citation to respond. A driver can pay the ticket and accept points on their driving record, contest the ticket by presenting evidence that shows the citation was an error, or pay the ticket and pledge to take a state-approved traffic school course to avoid points.
If you are convicted of careless driving in Florida, you can pay a fine between $164 to $500, depending on the severity of the offense. This conviction can also result in three points being added to your driver’s license. If you accumulate too many points, your license may be suspended. For example, if you have nine points on your driving record for other traffic violations, and three are added for careless driving, totaling 12 points, within a period of 12 months, your license may be suspended for 30 days.
Is Careless Driving a Major or Minor Traffic Violation?
Careless driving is a minor traffic violation classified as a civil traffic violation. Accordingly, it’s punishable by fines and points. This classification is another difference between careless and reckless driving. The latter is a criminal offense, punishable by jail, fines, or both. Reckless driving results in four points on a driver’s driving record.
Death by Careless Driving
Despite it being a minor traffic violation, death by careless driving is not uncommon. A speeding driver may collide with another vehicle, causing a serious accident that may lead to the death of an occupant of any of the involved cars or pedestrians.
A driver who engages in careless behaviors causing a fatal accident may be charged with vehicular homicide. This is defined as the killing of a human being or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner. This offense is a second-degree felony, punishable by up to 15 years in prison. If the driver who caused the accident leaves the accident scene without exchanging information or rendering aid, the case can be considered a hit-and-run accident, which is a first-degree felony, punishable by up to 30 years.
Careless Negligence in Personal Injury Cases
Careless negligence is a critical element in personal injury cases. If someone fails to act with the level of care that a reasonable person would exercise under similar circumstances, causing harm to another, they may be considered to have acted negligently. By failing to observe a road’s speed limit, safe following distance, traffic signals, or proper lane changing steps, a driver acts negligently.
If a driver who engages in careless driving injures you, or damages your property, you may have grounds for filing a personal injury claim.
How Does Careless Driving Affect Insurance?
The insurance of a driver convicted of careless driving can be affected — their insurance company may increase their premiums. Insurers usually review policyholders’ driving records to assess risk after accidents, during renewals, and other significant events. If a driver receives a careless driving ticket, points will be added to their driving record, an element that will make the insurer view the driver as high risk.
A driver’s insurance premiums can be increased by around 16% or more, depending on the severity of the violation and the driver’s history.
Insurance Claims After a Careless Driving Accident
When you are involved in a careless driving accident, you should contact your insurer. Note that you will need to provide the company with adequate information. Thus, you need to gather enough details about the accident by taking photos of the scene, the vehicles, and your injuries and collecting witness statements. You should also have exchanged information with the other driver. You need their name, address, phone number, insurance details, vehicle details, and driver’s license number.
Your insurer will then investigate the accident to be well-informed before contacting the other driver’s insurance company. After that, they will reach out to the other insurer.
It’s vital to inform your insurance company about the accident instead of trying to handle it with the other driver. It has the resources to investigate the crash, assess liability, and determine the extent of the damages incurred.
In addition to working closely with your insurer, legal guidance can benefit you substantially. Your attorney will ensure you understand your rights, can navigate complex claims, and receive the compensation you deserve.
Careless Driving Accidents in Florida and Miami
Careless driving is a common problem in Miami and Florida as a whole. In 2023, the number of citations for careless driving was 158,039, which is an increase from 2020, which reported 104,589 citations. Distracted driving, which is under careless driving, is responsible for one in seven crashes in Florida — 300 distracted driving-related deaths were recorded in 2023. Careless driving in Florida continues to be a concerning matter.
Prevention and Safety Against Careless Driving
Careless driving accidents can be avoided if drivers observe safety measures. These include adhering to posted traffic laws and signals, avoiding distractions, adjusting driving to match road conditions, and maintaining their vehicles.
For example, a driver should be three seconds behind a lead car, and the following distance should be increased in harsh weather, poor road conditions, and when following a large vehicle. A driver should avoid engaging in activities that take their eyes off the road, hands off the wheel, and mind off driving.
Drivers should be aware of their surroundings and anticipate the actions of other drivers. By taking their eyes off the road, perhaps when looking outside at billboards, a driver may fail to notice a driver ahead slowing down or stopping, increasing the chances of a rear-end collision.
It’s also important for drivers to avoid factors that may affect their ability to drive safely, such as being intoxicated or driving while fatigued.
Careless Driver Accident Lawyer in Miami
If you are involved in a careless driving accident, a personal injury lawyer will help you protect your rights. They will help you navigate the legal process by ensuring you are informed of the steps to follow.
Establishing liability is another way your attorney will help you. Moreover, they will negotiate with the other driver’s insurance company to help you receive a fair settlement. If the other party refuses to compensate you fairly, your lawyer will represent you in court. Thus, it’s critical to contact an attorney as soon as possible after a crash.
The damages you can claim in a careless driving accident case are medical expenses, lost wages, property damage, pain and suffering, emotional distress, and punitive damages.
Bernstein & Maryanoff, Injury Attorneys, has been helping clients injured in auto accidents for over three decades. We have a team of experienced attorneys who will help you fight for your rights. Call 1-800-429-4529 for your free consultation.
FAQs
Can a Careless Driving Ticket Lead to Points on Your Driver’s License?
Yes. If you receive a careless driving ticket, three points will be added to your driving record. Some careless behaviors can result in four points, like speeding in excess of 50 mph.
How Does a Careless Driving Citation Affect Your Car Insurance Rates?
When points are added to your driving record, your insurance company will consider you a high risk. Accordingly, it will increase your premiums. You may end up with an increase of about 16%.
Can You Contest a Careless Driving Ticket?
Yes. You can request a hearing with the court to contest a careless driving ticket within 30 days from when you receive the citation. You need to gather solid evidence to prove you should not have received the citation, including witness statements, video footage, and photos. Legal guidance is also crucial in presenting a strong defense.
Can You Be Cited for Careless Driving for Distracted Driving or for Failing To Yield the Right-Of-Way?
Yes. These two are considered careless behaviors on the road because they involve a lack of reasonable care. Always pay attention to your driving, and give the right-of-way to other drivers and passengers.
What if You Were Driving Carelessly Due to an Emergency or Medical Condition?
While this can be used as a defense in a careless driving case, you can still face penalties since you failed to exercise reasonable care while operating your vehicle.
Sources:
Traffic Citations.2024 Florida Road Safety Roundup. (2024).
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