Differences between Agressive and Reckless Driving

These two offenses may seem to be identical, however, after short review of the the North Carolina General Statutes, the difference becomes move evident.  Let's take a look at the definitions according to North Carolina law:

§ 20-141.6.  Aggressive Driving.
Any person who operates a motor vehicle on a street, highway, or public roadway is guilty of aggressive driving if the person:
(1) Violates either G.S. 20-141 or G.S. 20-141.1, and
(2) Drives carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.

This particular law goes over what is aggressive driving.  G.S. 20-141 and G.S. 20-141.1, which are referenced in the definition of Aggressive Driving, refer to Speed restrictions and Speed limits in school zones.  

The statutes goes on to list certain violations that can be classified as aggressive driving including:

• running a traffic signal,
• illegal passing,
• failing to yield right of way, and
• following too closely.  

The law concludes by defining the offense as a class 1 misdemeanor and stating that "The offense of reckless driving under G.S. 20-140 is a lesser-included offense of [aggressive driving]."  

Let's consider what constitutes as "reckless" driving now:

§ 20-140.  Reckless driving.

Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful and wanton disregard of the rights or safety of others shall be guilty of reckless driving.

Any person who drives...without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.

Further in the statute it says that Reckless driving is a class 2 misdemeanor.  The wording of both laws seem to be eerily similar ("wanton disregard of the rights and safety of others").  The primary difference is that 20-140 Reckless Driving does not go into detail of how to prove that someone violated the law.  The statute is intentionally vague so as to encompass all of the unwise actions people take on the road. 

In the end, Aggressive Driving is Reckless Driving, but Reckless Driving is not Aggressive Driving. 

Aggressive Driving is a class 1 misdemeanor (akin to Selling Alcohol to Minors or Blackmail) while Reckless Driving is a class 2 misdemeanor (akin to Simple Assault or Texting While Driving).  

Underlying Factors Behind Motor Vehicle Accidents

When someone is in a car crash, it is likely due to a driver's carelessness and human error.  If you happen to be on the receiving end of the accident, make sure to watch out for the following symptoms which suggest that the other driver was not at 100%:

Alcohol or Drug Usage

Naturally, alcohol and drugs have severe effects on the human body, especially behind the wheel.  An alarming number of fatal motor vehicle accidents are linked to alcohol or drug consumption prior to the incident.  

If the driver gets out of his car but is unable to stand up straight or walk in a straight line, he or she may have been driving under the influence.  Maybe the driver's eyes are glazed over, or perhaps he or she is twitching uncontrollably and unable to stay attentive, suggesting prior drug use.  At any rate, the driver should not be behind the wheel!

Fatigue

No matter how much coffee we consume, fatigue catches ups to us and hits hard. Just waking up or teetering after an exhausting ten-hour shift, reaction times are slowed and your attention is elsewhere. The circumstances don't matter; if a driver's eyes can't stay open and he or she can't react to stimuli in a timely manner, they should not be driving.

New Driver

Music blaring, window down, and singing along with all of their friends in the car, young drivers have an incredibly high chance to get in a car accident due to their inexperience (and this is certainly reflected in their car insurance premiums!).  If you notice that the other driver most likely just got their license within the year, he or she will probably be incredibly shaken, no matter the severity.  Assure the other driver that everything will be fine, and teach him or her how to exchange insurance information so that you can still recover.

Old

On the other hand, if the driver is going significantly slower than the average speed, eyes glued to the road but could still miss a deer even if it was right in front of him or her, it is likely that the driver is simply old.  With old age comes deterioration in reaction times and eye sight among other things.  These are notable contributing factors to motor vehicle accidents.

Physical Impairment

Let's say one day, little Johnny is about to go for a drive.  But, oh no!, little Johnny forgot where his glasses are and can't see all too well.  And, even though his license states that he requires corrective lenses, he still needs to drive and does so.  As a result, Johnny gets into a wreck because he didn't see that the speed limit was much lower than he thought.  Double-check that the driver can see properly, otherwise you may miss a very important contributing factor.

Distraction

Finally, usually presented in combination with some of the other problems, drivers can simply be distracted.  Ranging from texting while driving or being really into the song on the radio or even eating while driving (not to mention putting on makeup, getting dressed, or shaving), distractions are ever-present.  An open container of Chinese or a cell phone in the driver's hands suggests that he or she was probably more concerned about food or the person on the other line rather than safety on the road.  

Any number of elements can contribute to motor vehicle accidents so be on the look-out should you ever be in such an unfortunate circumstance.  

What NOT to do After an Accident

Immediately after a car crash, you will probably feel a mix of emotions: anger for not being more careful, guilt for causing harm to another person, shame knowing you will have to tell your family and friends, annoyance knowing the trouble you are about to go through, and shock above all else.

Nevertheless, now is not the time to loose control of your head.  Now, more than ever, you need to remain calm and be sure not to fall into obvious pitfalls that may harm your claim:

1. Do Not Apologize
   • Naturally, your guilt and pity towards the other driver(s) will make you feel as if you need to apologize, but should your apology be brought up when talking to the adjuster or in a court of law before your peers, it may be considered admittance.  
2. Do Not Leave the Scene
   • You have a duty to stop after an accident. If you do not stop, you will be in violation of the law.  No matter how small the accident is, you must stop and remain at the scene.
3. Do Not "Leave the Police Out of It"
   • If you do not call 911 after your vehicular emergency, you are leaving yourself wide open for bad information.  If the other driver gives you an insurance card, how do you know it is real?  Without the police to verify everything, you may have no insurance to call and no police report to reference.  Your claim will be much harder to handle.
4. Do Not Be Aggressive Toward the Other Driver
   • You may feel furious after your accident.  You may think that it is all the other person's fault and not yours and you may naturally be angered.  Yelling and screaming at each other will not help in any way.  Plus, using profane or indecent language on public highways is illegal and punishable. 

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Salvage Your Claim

A salvaged vehicle is an automobile that has been repaired after having been declared a total loss by an insurance company.  In North Carolina, a total loss is when the vehicle is damaged in excess of 75% of the car's fair market value.  Once it has been damaged in such a way, the vehicle is assigned a salvaged title which must be declared in a damage disclosure form when the vehicle is transferred to a new owner.  

Now imagine that this poor unfortunate car gets in another accident and the new owner opens up an insurance claim.  Let's consider what happens when the new owner asks to recover for property damage to the vehicle and the car's diminished value.

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Sample Salvage Title

When it comes to property damage on a salvaged vehicle, distinguishing between prior damage and damage accrued as a result of the accident may present a potential problem.

The value of the salvaged vehicle is fairly difficult to determine as it may be impossible to find similar vehicles on the market.  

As a result, insurance company may decide to arbitrarily reduce the value of your car by up to 50% solely because of the salvage title .  

As for diminished value (assuming that the car did not, once again, depreciate more than 75% of its value and is not a total loss), what can you expect to recover?  The issue here is that once again the fair market value is in question.  The insurance company's appraiser will likely crunch some numbers and ascertain that the vehicle is worth so little to begin with that the diminished value would be negligible.  

While you may be purchasing a salvaged car for thousands less than a comparable vehicle with a clean title, a salvage title certainly has drawbacks when it comes to auto insurance claims.  A salvage title does not bar your claims, but the road to recovery becomes much more difficult.  

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Auto-Accident Damages

Most people when they file an auto claim with at-fault insurance company just ask to be compensated for the accident in whatever fashion the insurance company sees fit.  

Naively, most expect that insurance company will treat them fairly and pay them all they deserve.

What they need to understand is that damages come in a variety of types and you have the right to recover all damages applicable to your situation.  Damages can be divided into two main categories: property damage (PD) and bodily or personal injury (BI).  

Property Damage

Diminished Value: If your car lost value as a result of the accident, the insurance company must pay you the difference.  This is calculated by finding the difference between the fair market value before the accident and what it would sell for afterwards.

Loss of Use of Vehicle: The insurance company must pay back the driver for every day he/she can't use their vehicle unless insurance provides a rental.  You loose the use of your vehicle while its not drivable or in a repair shop and therefore entitled to recover for such loss of use. 

Personal Injury

Medical Expenses: This includes all bills from medical facilities, hospital physicians, chiropractors - any medical practitioner that treated you for your injuries.

Pain and Suffering: Normally included in the lump sum settlement payment, this compensates you for the pain and suffering both physical and emotional caused by the accident.

Loss of Business Income or Earnings: If you were employed at the time of the accident, you can recover the wages or business income lost because you were unable to go to work or partially disabled or incapable of performing the normal work duties.  

Scarring and Disfigurement: As a result of the accident you could sustained and therefore can be entitled to financial compensation for the cost of a scar revision surgery. 

Permanent Injury: Sometimes, passengers in a car during a motor vehicle accident may continue to feel the side effects of the injuries for the rest of his or her life.  As a result, the insurance company must compensate you for any future medical treatment you may require.

Future Worth in Present Value: Finally, if the aggrieved believes he or she will continue to incur various expenses as a result of the accident, he or she must be compensated.  

However, the courts have will generally awarded the present (discounted) value of any future payments.

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• Immigration Reform
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• Lost Wages
• Matthews Accident Attorne
• Medical Malpractice
• Motorcycle Accidents
• Negligence
• Press
• Rental Insurance
• Road Rage
• Short Sale
• Slip and Fall
• Speeding Ticket
• Texting
• Traffic Stop
• Traffic Violations
• Underage Drinking
• Wrongful Death

UM, What Insurance?

Although North Carolina legislators have set a standard for automobile insurance policies for all drivers, in some cases one driver will be uninsured or underinsured.  In this case, we look at UM (Uninsured Motorist Coverage) and UIM (Underinsured Motorist Coverage).

UM

Uninsured Motorist Coverage pays for damages that are caused by a negligent driver that has no insurance or has insurance at the level of North Carolina's minimum policy limits (ex. a driver from out-of-state).  This policy can also cover you in the case of a hit-and-run driver.  For UM coverage to apply, the only requirement is that the unidentified vehicle made contact with the vehicle occupied by the injured party (which means that it doesn't apply in the case that you return to your parked car to find it damaged).

UIM

Underinsured Motorist Coverage pays for damages caused by a negligent driver that has insufficient insurance coverage to cover all of the injured party's damages.  However, this coverage only pays up to the difference between the amount of UIM coverage and the amount of liability coverage for an underinsured vehicle.  

These types of coverage can be found in your personal policy, in the insurance policy for the vehicle, in the policy for the driver, in the policy of any of the injured party's family members, or in any commercial policies that may insure the injured party.  

It is important to note that North Carolina allows inter-policy stacking.  For example, if you have UIM coverage for $100,000 and your parents have UIM coverage for another $100,000, your total coverage goes up to $200,000! 

What is a Diminished Value Claim?

When your vehicle sustains damages in an accident, it inevitably looses its market value.  It may look the same.  It may drive the same.  And, if the repairs are done correctly, no one should be able to tell that it was even in a collision in the first place.  BUT, THE CAR HAS STILL LOST $.   

Anyone can request a disclosure of accident history or use reporting agencies such as CarFax to determine the car's accident history.

Moreover, when asked by a potential buyer about the accident history of your vehicle, concealing such would be an actionable and material misrepresentation. 

“North Carolina is committed to the general rule that the measure of damages for injury to personal property is the difference between the market value of the damaged property immediately before and after the accident.”

The bottom line, the insurance company owes you compensation since you will not be able to sell your car for the same amount as you could before the accident.

Not surprisingly, an insurance adjuster would NEVER volunteer this information to you or offer a diminished value compensation.  Even more striking, an adjuster would frequently and unreasonably affirm that your vehicle has not lost any value, despite the extensive damage to it.

YOU ARE ENTITLED TO RECOVER YOUR VEHICLE'S LOST VALUE!

CALL US TODAY (704) 759-6110.  

WE ONLY GET PAID IF WE RECOVER DIMINISHED VALUE COMPENSATION FOR YOU!

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