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When another driver’s reckless behavior causes a collision, the injuries are often catastrophic. The driver who blew through a red light at 90 miles per hour, the one who swerved across three lanes while street racing, the one who ran you off the road in a fit of road rage—these cases are different. The behavior was not a momentary lapse. It was a conscious choice to disregard your safety and the safety of everyone else on the road.
If you were injured by a driver who acted recklessly, you are not dealing with an ordinary accident. You are dealing with conduct that may qualify for punitive damages. You are dealing with a driver who knew better and chose worse. And you have legal options most people do not realize exist.
McCormick & Murphy represents victims of reckless driving crashes throughout Colorado Springs, Briargate, Falcon, Security-Widefield, Manitou Springs, Fort Carson, and surrounding communities. We build cases that hold dangerous drivers accountable—not just for your medical bills, but for the conscious disregard they showed when they put you in harm’s way.
Reckless driving is not the same as careless driving. Negligence means someone made a mistake. Reckless driving means someone knew the risk and took it anyway.
Under Colorado law, reckless driving occurs when a person operates a vehicle in willful or wanton disregard for the safety of persons or property. The key word is “willful.” The driver must have been aware that their conduct posed a substantial and unjustifiable risk—and they did it anyway.
Common examples of reckless driving include:
If the driver’s conduct goes beyond ordinary negligence and shows a conscious disregard for safety, that opens the door to punitive damages—compensation designed not just to make you whole, but to punish the driver and deter similar conduct in the future.
Most car accident cases involve negligence. Someone changed lanes without looking. Someone followed too closely. Someone misjudged a gap in traffic. Those are mistakes. Reckless driving is not a mistake.
The legal standard is different. In a negligence case, you must prove the driver failed to exercise reasonable care. In a reckless driving case, you must prove the driver acted with willful or wanton disregard for safety. That is a higher bar. It requires evidence that the driver knew the risk and ignored it.
But when you clear that bar, the damages available to you change dramatically. In addition to compensatory damages—medical bills, lost wages, pain and suffering, future care costs—you may be entitled to punitive damages. These are awarded not to compensate you for what you lost, but to punish the driver for conduct that society deems intolerable.
Punitive damages send a message. They make clear that reckless conduct will not be tolerated. And in cases involving street racing, extreme speeding, or road rage, they can be substantial.
Punitive damages are rare in personal injury cases. Most accidents involve ordinary negligence. But reckless driving cases are different. When a driver’s conduct crosses the line from careless to willful disregard, punitive damages become available.
Colorado law allows punitive damages when the injury was attended by circumstances of fraud, malice, or willful and wanton conduct. Reckless driving often meets that standard. The driver who blew through a school zone at twice the speed limit, the driver who raced another car on Academy Boulevard, the driver who intentionally ran you off the road—these are not accidents. These are choices.
Punitive damages are not automatic. You must prove by clear and convincing evidence that the driver’s conduct justified punishment. That means gathering evidence: witness statements, traffic camera footage, dashcam video, police reports, testimony from accident reconstruction experts. It means building a case that shows not just what the driver did, but what they knew when they did it.
We build those cases. We understand the difference between a driver who made a mistake and a driver who made a choice. And we hold reckless drivers accountable.
Reckless driving takes many forms. Some are obvious. Some are not. But all of them share one thing: the driver knew better and did it anyway.
Street racing is reckless driving, full stop. Racing on public roads puts everyone at risk—the racers, other drivers, pedestrians, cyclists. If you were hit by a driver who was racing, you have a strong case for punitive damages. The driver chose to turn a public road into a racetrack. They chose to disregard your safety. That choice has consequences.
Speeding alone may not qualify as reckless driving. But excessive speeding—driving 30, 40, 50 miles per hour over the limit—often does. The driver who goes 90 in a 40 zone is not making a mistake. They are making a choice. They are choosing speed over safety. And when that choice causes a collision, it opens the door to punitive damages.
Road rage is more than anger. It is a decision to use a vehicle as a weapon. The driver who cuts you off, slams on their brakes in front of you, or forces you off the road is not driving carelessly. They are driving recklessly. And if their conduct causes a crash, they can be held accountable not just for your injuries, but for their willful disregard for your safety.
Drunk driving is always negligent. But in some cases, it crosses into reckless driving. A driver with a high BAC, a driver with prior DUI convictions, a driver who knew they were impaired and got behind the wheel anyway—these cases often support punitive damages. The driver made a choice. They chose to drink and drive. They chose to put you at risk.
Many reckless driving crashes result in criminal charges. The driver may be charged with reckless driving, vehicular assault, or even vehicular homicide. Those charges are handled in criminal court. Your injury claim is handled separately in civil court.
The two cases are independent. You do not need to wait for the criminal case to resolve before filing your civil claim. In fact, waiting can hurt your case. Colorado has a statute of limitations for personal injury claims. If you wait too long, you may lose your right to sue.
That said, a criminal conviction can help your civil case. If the driver is convicted of reckless driving, that conviction can be used as evidence in your civil case. It makes it easier to prove the driver acted recklessly. It strengthens your claim for punitive damages.
Even if the driver is not convicted—or if criminal charges are never filed—you can still pursue a civil claim. The standards of proof are different. Criminal cases require proof beyond a reasonable doubt. Civil cases require proof by a preponderance of the evidence. You can win your civil case even if the driver is acquitted in criminal court.
Proving reckless driving requires more than showing the driver made a mistake. It requires showing the driver knew the risk and ignored it. That requires evidence.
Police reports are a starting point. If the officer noted excessive speed, street racing, aggressive driving, or other reckless conduct, that goes into your case file. But police reports are not enough on their own. You need more.
Witness statements matter. If other drivers saw the reckless conduct, their testimony can be powerful. People remember the driver who blew past them at 100 miles per hour. They remember the driver who swerved across three lanes without signaling. They remember the driver who ran a red light without slowing down.
Video evidence is critical. Dashcam footage, traffic camera footage, security camera footage from nearby businesses—all of it can show exactly what the driver did and how they did it. Video does not forget. It does not exaggerate. It does not lie.
Accident reconstruction experts can analyze the crash scene, the damage to the vehicles, skid marks, debris patterns, and other physical evidence to determine speed, braking, and driver behavior. Their testimony can establish that the driver was not just negligent, but reckless.
We gather that evidence. We interview witnesses. We obtain video. We work with experts. We build the case that proves the driver’s conduct crossed the line from careless to reckless.
Some reckless drivers flee the scene. They know what they did. They know they will face consequences. So they run.
If the reckless driver who hit you left the scene, you still have options. Colorado law requires all drivers to carry uninsured motorist coverage. That coverage applies when the at-fault driver cannot be identified or located. It also applies when the driver has no insurance or not enough insurance to cover your damages.
Your own insurance company steps into the shoes of the at-fault driver. You file a claim against your uninsured motorist coverage. You recover your medical bills, lost wages, pain and suffering, and other damages—up to your policy limits.
If the driver is later identified, you may be able to pursue additional compensation directly from them. But you do not have to wait. You can move forward with your uninsured motorist claim immediately.
Hit and run cases are complicated. Insurance companies often fight these claims. They argue the driver would have been identified if you had done more. They argue your injuries are not as serious as you claim. They argue the crash was your fault. We deal with those arguments every day. We hold insurance companies accountable. We make sure you get the compensation you deserve.
Colorado has a statute of limitations for personal injury claims. In most cases, you have three years from the date of the crash to file a lawsuit. If you do not file within that time, you lose your right to sue. The case is over before it begins.
Three years may sound like a long time. It is not. Investigations take time. Gathering evidence takes time. Negotiating with insurance companies takes time. If the case goes to trial, that takes time too. The sooner you start, the stronger your case will be.
Some cases have shorter deadlines. If a government entity is involved—for example, if the crash happened on a road maintained by the city or if a government vehicle was involved—you may have as little as 180 days to file a notice of claim. Missing that deadline can bar your case entirely.
Do not wait. Do not assume you have time. Call a lawyer. Get your case started. Protect your rights.
We investigate every crash as if it will go to trial. That means gathering evidence immediately. That means talking to witnesses while their memories are fresh. That means obtaining video before it is deleted. That means working with experts to reconstruct what happened and why.
We deal with insurance companies so you do not have to. We know their tactics. We know how they try to minimize payouts. We know when they are acting in bad faith. And we do not let them get away with it.
We build cases for trial. Most cases settle. But insurance companies only offer fair settlements when they know you are willing and able to take the case to a jury. We are. And they know it.
We fight for full compensation. That includes medical bills, future medical care, lost wages, loss of earning capacity, pain and suffering, and in reckless driving cases, punitive damages. We do not settle for less than what you deserve.
McCormick & Murphy represents reckless driving crash victims throughout the Colorado Springs area, including Briargate, Gleneagle, InterQuest, University Village, Pulpit Rock, Stetson Hills, Banning Lewis Ranch, Falcon, Meridian Ranch, Stratmoor, Stratton Meadows, Security-Widefield, Widefield, Broadmoor, Broadmoor Bluffs, Broadmoor Glen, Cheyenne Meadows, Ivywild, Fort Carson, Star Ranch, Skyway, Old Colorado City, Manitou Springs, Rockrimmon, Mountain Shadows, Oak Valley Ranch, Cedar Heights, Garden of the Gods, Springs Ranch, Wolf Ranch, Woodmen Hills, Cordera, Village Seven, Vista Grande, Wagon Trails, Sundown, University Park, Spring Creek, and Rustic Hills.
Our office is located at 929 W Colorado Ave, Colorado Springs, CO 80905. Call us at 719-389-0400 or visit https://mccormickmurphy.com/. We answer the phone. We return calls. We meet when it works for you.
The driver who hit you made a choice. They chose speed over safety. They chose recklessness over responsibility. They chose to put you at risk.
Now you have a choice. You can accept what the insurance company offers and move on. Or you can hold the driver accountable. You can fight for full compensation. You can make sure this does not happen to someone else.
We have seen these cases. We know what reckless driving looks like. We know how to prove it. We know how to build a case that stands up in court. And we know how to win.
If you were injured by a reckless driver in Colorado Springs or anywhere in the surrounding area, call McCormick & Murphy at 719-389-0400. The consultation is free. The advice is honest. And you will know exactly where you stand.
Negligence occurs when a driver fails to exercise reasonable care—such as changing lanes without looking or following too closely. Reckless driving, by contrast, requires willful or wanton disregard for the safety of persons or property. The driver must have been aware that their conduct posed a substantial and unjustifiable risk and chose to proceed anyway. The distinction matters because reckless driving can support punitive damages, while ordinary negligence cannot. Examples of reckless driving include street racing, excessive speeding, aggressive tailgating combined with unsafe lane changes, and intentionally running another driver off the road. The legal standard is higher, but when you meet it, the damages available to you increase significantly.
Yes. Criminal cases and civil cases are independent of one another. The criminal case is brought by the state and focuses on punishing the driver for breaking the law. Your civil case is brought by you and focuses on compensating you for your injuries and losses. You do not need to wait for the criminal case to resolve before filing your civil claim. In fact, waiting can hurt your case because Colorado’s statute of limitations requires you to file within a certain timeframe. A criminal conviction can help your civil case by serving as evidence that the driver acted recklessly, but even if the driver is not convicted or never charged criminally, you can still pursue and win your civil claim because the standards of proof are different.
Punitive damages are awarded to punish the defendant for egregious conduct and to deter similar behavior in the future. Unlike compensatory damages, which reimburse you for medical bills, lost wages, and pain and suffering, punitive damages are designed to send a message that certain conduct will not be tolerated. In Colorado, punitive damages are available when the injury was attended by circumstances of fraud, malice, or willful and wanton conduct. Reckless driving often meets this standard, particularly in cases involving street racing, extreme speeding, road rage, or high-BAC drunk driving. To recover punitive damages, you must prove by clear and convincing evidence that the driver’s conduct was not just negligent, but reckless. When that standard is met, punitive damages can be substantial.
Proving reckless driving requires evidence that the driver knew the risk and ignored it. Police reports are a starting point, especially if the officer documented excessive speed, street racing, or aggressive driving. Witness testimony is critical—other drivers who saw the reckless conduct can describe what they observed. Video evidence from dashcams, traffic cameras, or nearby security cameras is powerful because it shows exactly what the driver did. Accident reconstruction experts can analyze the crash scene, vehicle damage, skid marks, and other physical evidence to determine speed and driver behavior. Together, these pieces of evidence demonstrate that the driver’s conduct went beyond ordinary negligence and crossed into willful or wanton disregard for safety. Building this case takes time and expertise, but it is essential for recovering punitive damages.
Yes. Street racing on public roads is reckless driving. It involves a conscious decision to turn a public roadway into a racetrack, disregarding the safety of other drivers, passengers, pedestrians, and cyclists. Street racing meets the legal standard for reckless driving because the racer is aware that racing at high speeds on public roads poses a substantial and unjustifiable risk and chooses to do it anyway. If you were injured by a driver who was street racing, you have a strong case for both compensatory and punitive damages. The driver’s conduct was not a mistake or a momentary lapse in judgment—it was a deliberate choice to endanger others, and that choice has legal consequences.
Yes. If the reckless driver who hit you fled the scene, you still have options for recovery. Colorado law requires all drivers to carry uninsured motorist coverage, which applies when the at-fault driver cannot be identified or located. You can file a claim against your own uninsured motorist coverage to recover medical bills, lost wages, pain and suffering, and other damages up to your policy limits. If the driver is later identified, you may be able to pursue additional compensation directly from them. You do not have to wait for the driver to be found before moving forward with your uninsured motorist claim. Hit and run cases are often complicated because insurance companies may try to deny or minimize your claim, but you have legal options and protections.
In most cases, Colorado’s statute of limitations gives you three years from the date of the crash to file a personal injury lawsuit. If you do not file within that time, you lose your right to sue. Some cases have shorter deadlines. If a government entity is involved—such as a city-maintained road or a government vehicle—you may have as little as 180 days to file a notice of claim. Missing that deadline can bar your case entirely. Three years may sound like a long time, but investigations, evidence gathering, negotiations, and litigation all take time. The sooner you begin working with a lawyer, the stronger your case will be and the more time you will have to build it properly.
Drivers have a fundamental duty to operate their vehicles safely with reasonable care. This means not only following traffic laws but also avoiding negligent behaviors that endanger others. Unfortunately, reckless driving remains a serious problem in Colorado, resulting in both criminal and civil consequences. If you’ve been injured in a crash caused by a reckless driver in El Paso County, the experienced Colorado Springs reckless driving accident attorneys at McCormick & Murphy, P.C. can help you pursue compensation for your injuries and damages.
Colorado Revised Statutes Section 42-4-1401(2) defines reckless driving as operating a motor vehicle, bicycle, or scooter in a manner that shows “wanton or willful disregard for the safety of persons or property.” This differs from careless driving, which involves operating a vehicle in a “careless and imprudent” manner. Reckless driving behaviors often include excessive speeding, street racing, performing distracting activities while driving (like texting, shaving, or reading), driving under the influence of drugs or alcohol, and other dangerous conduct that significantly increases accident risk.
Reckless driving is particularly hazardous because it disregards the safety of others on the road. When drivers engage in behaviors like distracted driving, excessive speeding, or erratic lane changes, they dramatically increase the likelihood of accidents. Vehicle speed is directly related to both collision risk and severity—faster speeds mean greater force upon impact, resulting in more severe property damage and personal injuries. This reckless conduct endangers everyone sharing Colorado roadways, from other motorists to pedestrians, motorcyclists, and bicyclists.
When reckless drivers cause accidents, victims often suffer severe injuries, especially in high-speed collisions. These traumatic injuries can include:
These physical injuries also lead to significant emotional trauma, mental anguish, lost wages, diminished earning capacity, substantial medical expenses, reduced quality of life, loss of consortium, and other damages. Our Colorado Springs reckless driving accident lawyers are committed to helping you recover the full value of all damages you’ve suffered.
To recover compensation after a reckless driving crash, you need to file a claim against the at-fault driver’s liability insurance and potentially against the driver personally. You must present evidence showing the accident occurred because of the reckless driver’s actions. Even if the driver wasn’t issued a citation, various forms of evidence can strengthen your case, including:
Our law firm will work diligently to prove the other driver operated their vehicle recklessly, that this reckless behavior directly caused your crash, and that your injuries resulted from the accident. We’ll also help calculate your damages and demonstrate the full extent of harm you’ve suffered.
Even if the at-fault driver receives a citation for reckless driving (a Class 2 misdemeanor in Colorado), you won’t automatically receive compensation for your injuries. Criminal and civil cases are completely separate legal proceedings. To recover financial damages, you must proactively pursue a personal injury claim. Our lawyers will guide you through this process to ensure you receive fair compensation for all economic and non-economic losses. Remember that Colorado law gives you three years from the date of your car accident to file a lawsuit, making it crucial to begin the claims process promptly.
When drivers operate vehicles recklessly, they endanger everyone around them. At McCormick & Murphy, P.C., our Colorado Springs reckless driving attorneys believe this behavior is unacceptable and will aggressively advocate for your rights. Our process begins with a free case consultation to review your evidence and provide legal guidance. If you choose to hire our firm, we’ll work on your case on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Contact us today at 719-389-0400 to schedule your consultation and learn how we can help you pursue justice after a reckless driving accident.
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