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Getting hit by a speeding or aggressive driver happens in seconds, but the injuries and financial stress can last for years. If a reckless driver caused your crash on Route 17, the George Washington Memorial Highway, or another Gloucester County road, you may have the right to recover compensation for your medical bills, lost income, and pain. Rural highways and blind curves across the Middle Peninsula give reckless drivers plenty of room to lose control, and the collisions that follow are often severe.
At GibsonSingleton Virginia Injury Attorneys, Gloucester County car accident lawyers Ken Gibson and John Singleton help people injured in reckless driving accidents pursue compensation for the losses a serious crash can cause. Our team builds each claim around the evidence needed to show how the reckless driver’s actions caused the crash and the full extent of the resulting injuries and losses.
On this page, we explain Virginia’s reckless driving laws, your rights after a crash, the compensation you may recover, and the deadline for filing a claim. Call GibsonSingleton Virginia Injury Attorneys at (804) 413-6777 for a free consultation about your reckless driving accident case.
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When Insurance Companies Won't Listen, These Lawyers Make Them
I was rear-ended by someone who didn’t see me slowing for traffic in front of her because she had a dog in her car and she was handling her dog instead of watching the road. She was cited and pre-paid her ticket (was undeniably at-fault for the accident). I was slammed so hard my car was slammed into the car in….
Jacki P
Linda Heron
James Roark
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Reckless driving in Virginia includes driving in a way that endangers the life, limb, or property of another person, regardless of the posted speed limit. Under Va. Code § 46.2-852, a person is guilty of reckless driving when they operate a vehicle “recklessly or at a speed or in a manner so as to endanger” others.
Under Va. Code § 46.2-862, reckless driving includes driving 20 miles per hour or more above the applicable maximum speed limit or faster than 85 miles per hour, regardless of the applicable maximum speed limit.
Under Va. Code § 46.2-853, driving a vehicle that is not under proper control or has inadequate or improperly adjusted brakes constitutes reckless driving. Section 46.2-855 also covers vehicles that are overloaded or carry enough people in the front seat to obstruct the driver’s view or interfere with control.
Virginia law also treats certain passing and lane violations as reckless driving. Section 46.2-854 covers passing another vehicle on or approaching a curve or the crest of a hill when the driver’s view is obstructed. Section 46.2-856 addresses passing two vehicles abreast, while § 46.2-857 prohibits driving two abreast in a single lane.
Key Takeaway: Reckless driving in Virginia covers more than excessive speed. It also includes specific dangerous conduct involving vehicle control, obstructed views, passing, and lane use.
If you were injured in a reckless driving accident in Gloucester County, GibsonSingleton can review the circumstances of the crash and explain your legal options. Call (804) 413-6777 for a free consultation.
Reckless driving increases the risk of a serious crash by reducing the time and space drivers have to respond to hazards. Excessive speed, unsafe passing, tailgating, and sudden lane changes can make it harder to avoid a collision.
Higher speeds require more distance to slow down or stop. They also give drivers less time to react to traffic, curves, road conditions, and other hazards. On roads such as Route 17, excessive speed can make it harder to maintain control and avoid a crash.
Tailgating, weaving through traffic, unsafe passing, and distracted driving create additional risks for everyone on the road. These behaviors become even more dangerous when drivers encounter curves, limited visibility, or changing road conditions.
After a reckless driving accident, evidence of speeding, unsafe passing, or other dangerous behavior can help establish how the crash occurred. Call GibsonSingleton at (804) 413-6777 for a free consultation about your injury claim.
Yes. Reckless driving is a criminal offense in Virginia rather than a simple traffic infraction. Most reckless driving offenses are Class 1 misdemeanors and are heard in General District Court.
A Class 1 misdemeanor reckless driving conviction can result in several penalties:
| Penalty Type | Potential Consequence |
|---|---|
| Jail | Up to 12 months in jail |
| Fine | Up to $2,500 |
| License | Possible suspension of driving privileges |
| Record | Criminal misdemeanor on the driver's record |
| DMV points | Six demerit points; reckless driving convictions remain on the Virginia DMV record for 11 years |
The criminal case against the driver is separate from your personal injury claim. While the General District Court addresses the reckless driving charge, your civil claim focuses on recovering compensation for injuries and other losses caused by the crash.
A reckless driving charge can raise important questions about the evidence available for your injury claim. Call GibsonSingleton at (804) 413-6777 for a free consultation to discuss the crash and your legal options.
Yes. You can file a personal injury claim against a driver whose reckless conduct caused your crash. To recover compensation, you must establish the driver’s fault, show that the crash caused your injuries, and prove your resulting losses.
A reckless driving charge alone does not establish civil liability. Under Virginia law, certain outcomes from the related criminal or traffic case, including a guilty plea, nolo contendere plea, finding of guilt in absentia, or forfeiture, can be admissible in a civil case arising from the same incident. A proven violation of a safety statute can also support a negligence per se claim when the required elements are met.
Building a strong claim starts with determining what evidence establishes the reckless driver’s responsibility for the crash. For a free case review, contact GibsonSingleton at (804) 413-6777 to discuss your injuries and next steps.
Ken Gibson is an experienced trial attorney whose background includes service as a federal prosecutor with the U.S. Department of Justice and as an Assistant Commonwealth’s Attorney in Norfolk. At the Department of Justice, he served as Deputy Chief in the Civil Rights Division and received Special Achievement Awards for Outstanding Performance. His work prosecuting violent criminals also earned him a Commendation from FBI Director Robert S. Mueller III.
Ken earned his J.D. from the University of South Carolina School of Law, where he was a member of the South Carolina Law Review and the Order of the Wig and Robe, after receiving his B.A. in Foreign Affairs from the University of Virginia. A former U.S. Marine, he is also an active member of the Virginia Trial Lawyers Association and has practiced law in Gloucester, Virginia, since 2009.
John Singleton brings a valuable insurance-defense perspective to his work representing injured clients. Before building his personal injury practice in Gloucester, Virginia, he worked for a large insurance defense firm, gaining firsthand knowledge of how insurers evaluate claims and approach litigation. He also serves as a Special Justice for the Ninth Judicial Circuit, hearing adult mental health commitment matters.
A graduate of Colby College and Mercer University School of Law, John is also a former U.S. Marine who served in China and Beirut, Lebanon. His professional and community involvement includes the Middle Peninsula Bar Association, The Fairfield Foundation, Gloucester-Mathews Care Clinic, and Rural Housing, reflecting decades of legal practice and service in the region.
They Made a Stressful Situation Feel Manageable
Lisa Ward
Quevon Kinlow
I had the pleasure of working with Ken Gibson and his staff after a car accident, and I couldn’t be more pleased. From the very first consultation, they made me feel confident and well-represented. The entire process was smooth, and they kept me updated every step of the way…
Shelley Kinser
Your Recovery Starts with the Right Team
Military precision meets compassionate advocacy, no fees unless we deliver results for you.
DUI and reckless driving can arise from the same incident. A driver can initially face both DUI and general reckless driving charges under Va. Code § 46.2-852. When both charges arise from the same act or acts, § 19.2-294.1 requires the court to dismiss the remaining charge after a conviction on one of them. This rule specifically applies to general reckless driving under § 46.2-852 and does not extend to separate reckless driving offenses under other statutes.
For an injured person, proof of intoxication can provide important information about the driver’s conduct and affect whether punitive damages are available. Recovering punitive damages depends on the facts of the crash and whether the evidence satisfies Virginia’s legal requirements.
Crashes involving both alcohol and reckless driving can raise additional issues when pursuing compensation from the at-fault driver. To discuss how these circumstances affect your injury claim, contact GibsonSingleton at (804) 413-6777 for a free consultation.
A reckless driving accident can result in economic and non-economic damages. Economic damages cover financial losses tied to the crash, while non-economic damages address the physical and emotional effects of your injuries.
Common categories of compensation include:
Punitive damages are not available simply because a driver was charged with or convicted of reckless driving. Virginia requires proof of malice or conduct so willful or wanton that it shows a conscious disregard for the rights of others. Intoxicated-driving cases are subject to additional statutory requirements for punitive damages.
The value of a reckless driving injury claim depends on the losses caused by the crash and the evidence supporting them. GibsonSingleton offers free consultations at (804) 413-6777 to discuss your damages and options for pursuing compensation.
Support You Can Count On After an Accident
Ken Gibson and John Singleton are first class attorneys. They are professional, dependable, family oriented, and down to earth people. They will work with you to make sure you get quality representation at a fair price. I have had representation from each of them, both with winning outcomes…
Taffi Simone
On April 14, 2021, I was in a vehicle accident, my leg was broken. I was taken to the hospital for surgery, now I have four screws and wire in my leg. I didn’t know anything about lawyers. I was at dinner one night; my leg was in a brace the owner asked me what happened. I told him and he recommended GibsonSingleton….
Bo Dixon
Barbara Deaver
Virginia follows a strict contributory negligence rule. An injured person cannot recover compensation when their own negligence proximately contributed to the accident.
Because contributory negligence can bar recovery, insurers often examine the actions of everyone involved in the crash when determining fault. Statements about your speed, attention, or actions before the collision can become important when evaluating your claim.
Questions about fault can have a significant effect on your ability to recover compensation after a reckless driving accident. Contact GibsonSingleton at (804) 413-6777 for a free consultation to discuss the circumstances of your crash.
Certain mistakes after a reckless driving accident can make it harder to prove fault, document your injuries, and recover compensation. Taking the right steps early can help preserve important evidence and protect your claim.
Evidence can disappear quickly after a crash. Skid marks fade, vehicles are repaired, and witnesses become harder to locate. When you are physically able, photograph the vehicles, road conditions, and visible injuries, and collect contact information from witnesses. Reporting the crash to the police can also create an official record of the collision and any citations issued.
Insurance adjusters can request a recorded statement soon after a crash. Under Virginia’s contributory negligence rule, statements about your actions before or during the collision can affect how fault is evaluated. Consider speaking with an attorney before providing a recorded statement to the other driver’s insurer.
Delaying medical care can make it harder to connect your injuries to the crash. Seek treatment promptly, follow your medical provider’s instructions, and keep records of your appointments, treatment, and related expenses.
The steps you take after a reckless driving accident can affect the evidence available to support your claim. For guidance on protecting your rights after a crash, contact GibsonSingleton at (804) 413-6777 for a free consultation.
Virginia law sets a two-year deadline for most personal injury lawsuits. Under Va. Code § 8.01-243, the two-year period starts when the cause of action accrues, which in a typical car accident case is the date of the crash.
Filing after the applicable deadline can prevent you from recovering compensation through a lawsuit. Acting sooner also gives you more time to preserve evidence, locate witnesses, and document your injuries and losses.
Deadlines can affect your right to pursue compensation after a reckless driving accident. Contact GibsonSingleton at (804) 413-6777 for a free consultation on determining the filing deadline for your case.
GibsonSingleton Virginia Injury Attorneys represents reckless driving crash victims throughout Eastern Virginia, including:
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A serious crash can leave you dealing with medical bills, missed work, and insurance claims while recovering from your injuries. Having experienced legal guidance can help you understand your options and protect your claim.
Ken Gibson and John Singleton of GibsonSingleton Virginia Injury Attorneys help clients throughout Gloucester County and the Middle Peninsula after reckless driving accidents. Our team helps clients understand how Virginia law applies to the driver’s conduct, document the financial and personal impact of the collision, and pursue a claim that reflects the full scope of their losses.
Call GibsonSingleton at (804) 413-6777 for a free consultation. Our office at 4073 S George Washington Memorial Highway in Hayes serves clients throughout Gloucester, Mathews, Middlesex, and York counties.
Reckless driving under § 46.2-852 involves driving in a way that endangers others, such as excessive speed or unsafe passing. A DUI involves operating a vehicle while impaired by alcohol or drugs. A single crash can involve both charges.
GibsonSingleton handles injury cases on a contingency fee basis, so you pay no attorney fee unless we recover compensation for you. The initial consultation is free.
If you are able, move to safety, call the police, and seek medical care. Document the scene with photos, gather witness information, and avoid giving recorded statements to the other driver’s insurer. Then contact an attorney to protect your claim.
Whether a case goes to trial depends on factors such as disputed liability, the amount of damages, the available insurance coverage, and whether the parties can reach an acceptable settlement. Some claims resolve through settlement, while others require litigation or trial.
Virginia generally allows two years from the date of the crash to file a personal injury lawsuit under § 8.01-243. Missing this deadline can bar your claim entirely, so it is wise to act well before the two years run out.
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