What Constitutes Reckless Driving in Texas?
In Texas, reckless driving is not merely a traffic violation. It’s a serious offense with significant consequences, including potential imprisonment, hefty fines, and driver’s license suspension. Reckless driving involves engaging in reckless behaviors that endanger the lives of others on the road.
Victims of reckless driving accidents may face extensive medical bills, lost wages, and long-term physical and emotional suffering. If you were injured in an accident caused by a reckless driver, it’s essential to consult with an experienced auto accident attorney who will safeguard your rights and help you obtain justice.
Legal Definition of Reckless Driving
According to Texas law, Texas Transportation Code section 545.401, a person commits reckless driving when they operate an automobile in a manner that exhibits a willful or wanton disregard for the safety of others.
Reckless driving can include:
- Driving significantly over the posted speed limit
- Engaging in aggressive driving maneuvers
- Tailgating
- Distracted driving
- Weaving in and out of traffic
- Ignoring traffic signs or signals
- Driving under the influence of alcohol or drugs
Essentially, any behavior that shows a blatant disregard for the safety of others can be considered reckless driving in Texas. This can also include road rage, which involves violent intent toward another road user.
Car Accidents That May Result From Reckless Driving
Car accidents resulting from reckless driving can have devastating consequences. When reckless drivers speed or run red lights, they significantly increase the risk of causing a serious accident. On average, ten people are killed each day on Texas roadways. According to the Insurance Information Institute (III), 11,254 drivers involved in fatal crashes in 2021 were speeding or racing. Speeding accounted for nearly 19% of the fatalities.
Common types of accidents caused by reckless driving include:
- Rear-end collisions
- Head-on collisions
- Side-impact crashes
- Rollover accidents
- Multiple vehicle collisions
- Sideswipe accidents
- Drunk driving accidents
Common Injuries Sustained in Reckless Driving Accidents
- Spinal cord injuries
- Concussions
- Traumatic brain injuries (TBIs)
- Whiplash
- Fractures
- Lacerations
- Internal organ damage
- Scarring or disfigurement
- Wrongful death
Car accident injuries can require extensive medical treatment, including surgery and ongoing physical therapy. In severe cases, victims may suffer permanent disabilities that impact their ability to work and enjoy life as they did before the accident.
Penalties for Reckless Driving in Texas
Unlike careless driving which is a civil traffic violation, reckless driving is a misdemeanor. Therefore, the driver must understand that their reckless driving is likely to cause substantial harm and do it regardless.
In Texas, misdemeanor cases are generally divided into Class A, Class B, and Class C categories. A reckless driving charge is a misdemeanor offense that can carry severe penalties upon conviction.
Penalties for reckless driving may include:
- Up to $200 in fines
- Jail time of up to 30 days
- Both fines and county jail time
Additionally, reckless driving convictions can result in points being added to the driver’s license, which can lead to increased insurance premiums and license suspension.
Texas Misdemeanors
- Class A offenses are the most serious. A Class A misdemeanor charge could result in a $4,000 fine and/or up to one year in a county jail. For example, a motorist may be charged with a Class A misdemeanor if they evade a police officer while putting others in danger of serious bodily injury.
- A Class B misdemeanor charge, such as racing or attempting to elude a police officer, could result in a fine of up to $2,000 and/or 180 days in prison. For example, if a person knowingly fails to comply with a peace officer’s signal to pull over (indicated by sirens, flashing lights, and other warnings), this is considered a Class B misdemeanor.
- Class C offenses can carry a fine of up to $500, but they do not involve jail time.
The Other Driver Might Have a History of Reckless Driving
The at-fault driver may have a history of reckless driving behavior. Previous traffic violations or criminal convictions for reckless driving can be significant factors in determining liability.
An experienced personal injury attorney will thoroughly investigate the at-fault driver’s driving record and history to uncover any evidence of past reckless behavior that may support your case.
Injuries or Death
In cases where reckless driving results in serious injury or death, the penalties can be even more severe, including felony charges. If you’ve lost a family member due to someone else’s reckless driving behavior, a wrongful death attorney can help you seek justice and compensation for your losses.
Recovering Compensation After a Reckless Driving Accident
Injured victims may be entitled to compensation for their damages, including:
- Medical expenses, including hospital bills, surgeries, medication, and rehabilitation.
- Lost wages for time missed from work due to injuries sustained in the accident.
- Pain and suffering, including physical pain, emotional distress, and loss of enjoyment of life.
- Property damage to repair or replace the vehicle damaged in the accident.
- Disability or disfigurement resulting from the injuries sustained in the accident.
An experienced car accident attorney can help victims understand their legal rights and pursue the compensation they deserve for their injuries and losses.
Evidence in a Reckless Driving Accident Case
Building a strong case for a reckless driving accident often relies on gathering compelling evidence to demonstrate the negligent driver’s wanton or willful disregard for the rules of the road or harmful behavior that caused the accident. A reckless driving accident attorney can help you gather evidence, including:
- Police reports documenting the details of the accident and any citations issued to the reckless driver.
- Eyewitness testimony from individuals who observed the reckless driving behavior and resulting accident.
- Photos or videos of the accident scene, including skid marks, vehicle damage, and traffic signs or signals.
- Medical records documenting the injuries sustained by the victim and their prescribed treatment plan.
An experienced personal injury lawyer can help you preserve evidence and build a compelling case to demonstrate the at-fault party’s negligence or misconduct.
Call an Experienced Car Accident Attorney Today
If you or a loved one sustained injuries in a reckless driving accident in Texas, it’s essential to consult with an experienced car accident lawyer. At Alpha Accident Lawyers, we are committed to helping injured victims and their families obtain justice. Our car accident lawyers maintain a 99% success rate and have recovered millions of dollars in compensation for our clients.
Schedule a free consultation with one of our Texas offices in Dallas or Houston to learn more about your legal options.
