Driver Who Allegedly Made Illegal U-Turn Not Reckless
by
Joseph C. Maya on Jun. 07, 2017
Summary: A blog post about a case out of Connecticut involving proving recklessness in traffic incidents.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
Hauer v. Dietz
Allegations that defendant made an illegal U-turn without any signal or warning were insufficient to allege a claim for common-law recklessness. On March 24, 2014, plaintiff was driving west on the Boston Post Road when defendant, who was driving west directly in front of him, allegedly made a U-turn, without any signal or warning, and the motor vehicles collided.
Plaintiff alleged negligence, common-law recklessness and statutory negligence, and defendant moved to strike the recklessness counts. Recklessness was defined as conduct that indicated a reckless disregard of the rights or safety of others or of the consequences of one’s actions, and not only the action that produced the injury but the resulting injury must be intentional.
Allegations that defendant made an illegal U-turn were insufficient to allege a claim for common-law recklessness.
"Standing alone.” wrote the court, “the court cannot infer common law recklessness from this allegation.” The court also found that claims that defendant violated Connecticut General Statutes §14-218a and §14-222, deliberately or with reckless disregard, were insufficient to allege statutory recklessness.
Motion granted.
“Even when all the factual allegations of the complaint are viewed in the light most favorable to the plaintiff,” wrote the court, they were insufficient “to allege statutory recklessness pursuant to General Statutes §14-295.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: J. Lauger, Driver Who Allegedly made Illegal U-Turn Not Reckless. CONN. LAW TRIBUNE, May 16, 2016 at 22.
