Columbia Reckless Driving and Vehicle Not Under Control Defenses

There are many reasons why a car accident could occur. Dangerous weather, negligent drivers, and mechanical failure could cause a motorist to lose control of the car and cause an accident. When this occurs, determining and proving liability could be difficult.

If you have been accused of careless driving, it is best to seek help from a tenacious reckless driving attorney. They could help you fight the charges and begin building Columbia reckless driving and vehicle not under control defenses.

Legal Excuses For The Vehicle Not Being Under The Driver’s Control

There are some legal excuses for the vehicle not being under the operator’s control, such as situations where mechanical things on the car break down. But those types of defenses are not the same as having an affirmative defense of self-defense. If some safety feature was to break and the driver was not able to properly control their car, and they wreck, it is not their fault that a part on the vehicle broke and kept them from being able to safely steer out in the way. There is no specific defense other than just arguing accident and that it was out of their control. That would be the only defense. The act of reckless driving is straightforward, which would be an accident.

Individuals should speak to a diligent careless driving attorney to learn about their options and the various Columbia reckless driving and vehicle not under control defenses that could be used in court.

Understanding Fault Breaks

Faulty brakes in these kinds of cases mean an equipment malfunction. If something around the equipment of the vehicle like a rod, the steering mechanism, or faulty brakes resulted in the crash or the wreck, they would have a defense that it was an accident. If it was outside of their control, and there was nothing that they could have done to keep the vehicle in control, they should not be held criminally liable for it.

A civil matter is an entirely different case. In a criminal context, one of the things they must have in every case is criminal intent. The term for that is mens rea. Criminal intent has to be proven. Based on those types of factors and facts presented, there would not be any intent to have committed a criminal act.

A diligent attorney could fight against claims of criminal intent to help the defendant avoid the consequences of a conviction.

Evidence in a Reckless Driving Case

The kinds of evidence that would be presented against the defendant in these kinds of cases would be statements against the driver. For example, they could say the person was driving too quickly, they could not safely navigate the vehicle, they were following too closely to a car, or they were just driving too fast for the conditions. The most common is when they believe someone is driving too fast for conditions, and they lose control of the vehicle because of that.

Vehicle Safety Inspection As Evidence

The safety inspection of a vehicle could be used as evidence in a reckless by vehicle not under control case because it shows reasonable effort was made to ensure that their vehicle is not dangerous. That would be one of the ways an experienced attorney in Columbia could prove that they were not driving in a willful or wanton manner since they took their vehicle in to get a safety inspection. Since they tried to ensure that their car was not dangerous, they should not be held liable. From a criminal standpoint, they were doing everything they could to ensure that they had a safe vehicle. They did not have any intent to have an unsafe vehicle and took active steps to ensure that they did not.

How a Reckless Driving Attorney Could Help

A lawyer could help their client refute this kind of evidence by putting them in the best position to help to defend against the charge. The client needs to be candid and forthright with their lawyer. Once the attorney has all of the information available to them, they could defend against the charge. A lot of that revolves around what other evidence are involved in the case.

If you have been accused of careless driving, seek help from a knowledgeable attorney. They could help you begin the process of building Columbia reckless driving and vehicle not under control defenses. Call today to get started.