Texas is tough on those who drive recklessly. Reckless driving all too often results in car crashes that leave victims with serious injuries or worse, leave families reeling from the loss of a loved one taken unjustly in such events. Reckless behavior such as going above the speed limit, aggressive driving, or behaving in a way that a reasonable person wouldn’t will result in a reckless driving charge for the offender.
However, if you’re a victim, you have rights under Texas law to pursue compensation for your serious bodily injury. Angel Reyes & Associates is a team of car accident attorneys in Texas committed to providing legal support to victims involved in a reckless driving crash. In this article, we explain what’s deemed reckless driving in Texas, the penalties under Texas law, and your rights for recovering compensation.
Definition of Reckless Driving in Texas
Texas Transportation Code § 545.401 states that reckless driving in Texas is when someone exhibits willful or wanton disregard for the safety of other people or property. In order for it to be considered as reckless driving, this behavior behind the wheel of a motor vehicle needs to take place on a private access way rather than a private residential property or a public highway or other sort of public venue.
The actions that are considered to be reckless driving in this state include:
- Distracted Driving: While not all distracted driving will be charged as reckless driving, the key metric is proving that the driver intentionally disregarded the safety of others.
- Erratic Lane Changes: Drivers who pass in a no-passing zone or zip in and out of slow-moving traffic pose a danger to others.
- Failing to Obey Traffic Signs or Traffic Signals: When a person drives recklessly and does not obey the signs or signals at intersections, they put everyone in jeopardy and are considered a reckless driver.
- Speeding: A person who goes beyond the speed limit posted will often be charged with reckless driving when it’s 25 mph or more above the limit.
- Racing: Any driver engaged in a vehicle speed competition or racing may be charged with reckless driving.
Whether ignoring traffic signals, fleeing from a marked police vehicle, or engaging in another type of dangerous behavior, it’s a serious offense. Reckless driving cases that lead to the injury or fatality of another person will face harsher penalties as well as have the potential for civil liabilities.
Penalties for Reckless Driving in Texas
Texas classifies reckless driving as a misdemeanor offense under the Texas Transportation Code § 545.401. There are several levels of severity that may be imposed depending on the circumstances involved. When a driver is charged with a reckless driving offense, it’s a misdemeanor punishable with a fine up to $200 and up to 30 days in the county jail.
With repeated reckless driving offenses, the driver will face license suspension. Increased car insurance rates are another factor for those who violate the laws. For a habitual violator, they must have four or more convictions within the last 12 months or have seven or more convictions within 24 months.
There are serious consequences for those who engage in reckless driving, especially with previous convictions. Class A misdemeanors are the most serious offense followed by Class B misdemeanors, with Class C misdemeanors being the least severe of charges.
A Class B misdemeanor could result in a fine of $2,000 and up to 180 days in prison, while Class C offenses carry fines of up to $500, but no jail time. The driver may also be found to have committed other traffic violations that the police officer will note at the time of the arrest. Anyone who engages in these behaviors will want to contact a reckless driving defense lawyer.
Impact of Reckless Driving on Motor Vehicle Accident Statistics in Texas
Recent statistics from the Texas Department of Transportation reveal that one person was killed every hour and 57 minutes, while one person was injured every two minutes and 12 seconds. While no statistics exist for reckless driving alone, documented drunk driving and driving while distracted cases show that recklessness accounts for many of them, with 30% of overall deaths attributed to intoxicated drivers and 3,275 deaths attributed to driving while distracted.
Additionally, there are 35 facts about car accidents every Texas driver should know in the name of public safety. When a person commits dangerous acts that are considered reckless driving behavior, it’s only a matter of time before they cause these statistics to increase.
Steps to Take If You’re Involved in a Reckless Driving Accident
Drivers who take these unjustifiable risks can cause serious injury and harm to others. While Texas misdemeanors will punish them with hefty fines, a jail sentence, a suspended driver’s license, and a criminal record, victims can also see justice served through a personal injury case.
The steps you take in the aftermath can help you recover the compensation you deserve for your car accident:
Call the Police
When you’re in a car accident with a reckless driver, call 911 immediately. A police officer will investigate the scene and will issue citations for traffic violations, which may include the arrest of the at-fault driver. On the police report, these citations will be noted and can benefit your case.
Gather Evidence
If witnesses observed the other driver’s reckless driving behavior, make sure you get a statement from them along with their contact information. Take photos and videos of the vehicles involved as these will be integral in the legal process.
Get Urgent Medical Care
Injuries may not always be obvious after a crash, and you should seek treatment even if you think you’re fine. You may have a traumatic brain injury or internal organ damage that can become life-threatening. The charges for the other driver will likely be upgraded if you’re hurt.
Contact a Personal Injury Lawyer
There are severe consequences for drivers who behave with reckless disregard for others, particularly commercial drivers. While they will lose their driving privileges, you will have potentially lost your ability to enjoy life, have extensive medical bills, and lose income, among other losses. With an attorney by your side, you will have someone who takes on the legal aspects of your case, allowing you to recover as per your medical treatment plans.
Understanding Your Rights as a Victim
If you’re the victim of a reckless driver crash, whether they get a Class A or Class C misdemeanor charge or even wind up with a state jail felony, those punishments are imposed by the criminal justice system. You have the right to pursue compensation against this grossly negligent person in civil court.
With a personal injury lawsuit, you can recover your economic and non-economic damages suffered in the crash. When a driver compromises public safety in such a way, it simply isn’t enough for Texas penal codes to punish them. They should be held accountable for the ripple effect of their dangerous actions.
However, even with evidence and a criminal charge against this person, it can be a challenge to recover the full amount you deserve for your injuries. At Angel Reyes & Associates, our Texas locations allow for a convenient way to schedule a free initial consultation where you can learn more about your legal options.
Reckless behavior isn’t tolerated on the roads of Texas, and while the police force works to keep drivers safe, you can exact your own revenge by holding them liable for their negligent actions. Find out more about your legal rights in these types of circumstances today.
