Reckless driving is a serious violation with serious legal consequences. It occurs when a driver operates their vehicle with a willful disregard for the safety of others. If you or someone you know has been involved in an accident caused by reckless driving in Texas, understanding the details of the law and potential penalties is crucial.
What is Considered Reckless Driving?
Speeding is a leading cause of traffic fatalities, accounting for a third of all traffic deaths in Texas. As stated by the Texas Department of Transportation, over 160,000 crashes and 1,456 deaths were attributed to speeding in 2023. The consequences of speeding go beyond the numbers, impacting families and communities. Reckless driving, which often involves high-risk behaviors like speeding, can further escalate these dangers. In Texas, a driver may be charged with reckless driving if they engage in any of the following high-risk behaviors:
- Swerving aggressively through traffic by frequently changing lanes.
- Driving at excessively high speeds far beyond the posted limit.
- Operating a vehicle while under the influence of drugs or alcohol.
- Attempting to flee from law enforcement.
- Participating in illegal street racing on public roads.
- Ignoring traffic control devices such as stop signs and traffic lights.
- Following other vehicles too closely, also known as tailgating.
- Driving while distracted, including texting, talking on the phone, eating, drinking, or adjusting in-car controls.
The defining factor in reckless driving cases is the driver’s conscious decision to engage in dangerous behavior, regardless of whether an accident occurs.
Careless vs Reckless Driving
While both careless and reckless driving involve dangerous behavior behind the wheel, they differ in severity. Careless driving is often seen as a result of inattention or a lack of proper care, whereas reckless driving involves a deliberate and conscious disregard for the safety of others. Understanding this distinction is important because reckless driving carries much harsher legal penalties, including the possibility of felony charges if certain conditions apply.
Is Reckless Driving a Felony in Texas?
In Texas, reckless driving is generally classified as a Class B misdemeanor offense. However, it can escalate to a felony if certain circumstances apply, such as:
- Injury or death: If reckless driving results in serious injury or a fatality, the driver may face more severe charges. In such cases, the charge may escalate to aggravated assault with a deadly weapon (Texas Penal Code § 22.02) or criminally negligent homicide (Texas Penal Code § 19.05), rather than just reckless driving.
- Prior convictions: A person with previous reckless driving offenses might be charged with a felony for repeat behavior.
While reckless driving itself is typically a misdemeanor, the consequences can become much more severe under specific circumstances.
Texas Speeding Laws
In Texas, speeding is taken seriously, with specific laws in place to ensure road safety. Texas allows one of the highest speed limits in the U.S. on two-lane undivided highways, with limits reaching up to 75 mph in some areas. While the general speed limit is set at 70 mph, the Texas Transportation Commission has the authority to raise it to 75 mph, or even 80 mph or 85 mph, if traffic and engineering studies confirm that these speeds are safe and reasonable. For example, certain sections of Interstate 10 and Interstate 20 in 10 counties are allowed a maximum speed of 80 mph.
Texas law (Texas Transportation Code § 545.352) also defines prima facie speed limits, which means that driving faster than the posted limit is presumed unsafe unless proven otherwise. The following speed limits are considered lawful unless there are specific hazards that require a lower speed:
- 30 mph in urban districts on streets other than alleys, and 15 mph in alleys.
- 70 mph on state or U.S.-numbered highways outside urban districts, including farm-to-market and ranch-to-market roads.
- 60 mph on highways outside urban districts that are not state- or U.S.-numbered.
Penalties and Consequences of Reckless Driving
Under Texas Transportation Code § 545.401, reckless driving carries serious legal consequences. If convicted, penalties may include:
- Fines – Courts can impose fines of up to $200.
- Jail Time – A first-time offender may face up to 30 days in county jail.
- License Suspension – Depending on how serious the offense is and the driver’s previous violations, the driver’s license may be either suspended or revoked.
How Long Does Reckless Driving Stay on Your Record?
Speeding alone is not necessarily reckless driving in Texas. It can be considered reckless if combined with other dangerous actions, such as street racing, excessive swerving, or fleeing from law enforcement. Reckless driving is based on intentional or grossly negligent behavior, rather than just violating speed limits.
A reckless driving conviction in Texas may stay on your driving record for up to 10 years, depending on factors such as the severity of the offense and any prior violations. The impact can vary based on specific circumstances of the case. A reckless driving charge can also affect employment opportunities, as some employers review driving records before hiring.
Additionally, a reckless driving conviction can significantly increase car insurance rates:
- Speeding (10-15 mph over the limit): May raise insurance premiums by an average of 20% across Texas.
- Reckless Driving: Considered a high-risk offense, it can increase premiums by as much as 75%.
How We Can Help if You Were Hit by a Reckless Driver
If you have been injured in an accident caused by someone else’s reckless driving, it’s important to understand your legal rights. Our experienced car accident lawyers at Mokaram Injury Lawyers specialize in helping victims of reckless driving accidents. We are here to guide you through the process of seeking compensation for medical bills, lost wages, pain and suffering, and more. Contact us today and let us fight for the compensation you’re rightfully owed.
