The term reckless driving gets thrown around a lot. But if you were recently in a car accident in Texas, you might wonder exactly how this state defines reckless driving. Reckless driving often causes motor vehicle accidents in Texas.
No matter what you think caused your car accident, contact an experienced car accident attorney as soon as possible.
Your attorney can thoroughly investigate the accident to determine if reckless driving caused it, and if so, who you can hold accountable. It's only through such an investigation that you stand a chance at receiving full and fair compensation for your injuries.
Defining Reckless Driving in Texas
Reckless driving in Texas, as defined by Transportation Code §545.401, involves operating a vehicle in willful or wanton disregard for the safety of persons or property.
Reckless driving includes many behaviors, from excessive speeding to aggressive driving to even egregious distracted driving.
Examples of reckless driving include:
- Excessive speeding: Driving at a speed significantly above the posted limit.
- Distracted driving: Engaging in activities like texting while behind the wheel.
- Impaired driving: Operating a vehicle under the influence of drugs or alcohol.
- Aggressive maneuvers: Weaving in and out of lanes, often without using turn signals.
- Street racing: Engaging in high-speed races on public roads.
- Illegal passing: Crossing a double yellow line on a highway to overtake another vehicle.
- Wrong-way driving: Traveling in the opposite direction of traffic flow.
- Failure to yield right of way: Disregarding the right of way for other vehicles, bicycles, or pedestrians.
- Disregarding Traffic Signals: Trying to beat yellow lights at intersections.
- Ignoring stop signs: Proceeding without stopping at designated stop signs.
- Failing to stop for school buses: Disregarding the stop signs and flashing lights of a stopped school bus.
Willful or Wanton Disregard
It's crucial to note that a conviction for reckless driving requires the state to demonstrate that the driver's actions were willful and/or wanton. Mere negligence, without an element of conscious choice, doesn't constitute reckless driving.
Texas law stipulates that reckless behavior "requires a conscious choice of a course of action, either with knowledge of the serious danger to others... or with knowledge which would disclose this danger to any reasonable person."
In essence, if the driver knew or reasonably should have known that their actions would result in harm, they may have displayed a willful or wanton disregard for the safety of others.
You need a lawyer who understands the distinction between reckless and negligent behavior when assessing potential legal consequences for driving actions in Texas.
Distinguishing Public and Private Property in Reckless Driving Cases
In Texas, reckless driving doesn't only happen on public roads; it can extend to incidents on private property as well.
As outlined in §545.401, individuals can face reckless driving charges for exhibiting hazardous behavior while operating a vehicle on:
- A highway or any other public area.
- A private access way or business parking area (excluding paid parking garages or lots).
Texas state law explicitly exempts activity on private residential property from reckless driving charges.
As such, reckless driving charges may apply if the incident occurs on a public road or a private area accessible to the general public.
Can You File a Lawsuit for a Reckless Driving Claim?
Whether or not the person who caused your car accident is facing a reckless driving charge or received a ticket at the scene, you may pursue a personal injury claim for compensation for your damages. In some cases, such a claim can escalate to a lawsuit.
While criminal and civil cases can run concurrently, they typically don't influence each other. A conviction for reckless driving, however, can prove your case against the at-fault driver.
Legal Ramifications of Reckless Driving
Reckless driving is one of the few driving infractions that carry criminal penalties. In Texas, it falls into the category of a hybrid misdemeanor offense, ranging between a Class C Misdemeanor and a Class B Misdemeanor.
The severity of the consequences hinges on the gravity of the reckless driving incident—for example, if the driver also receives citations for DWI or drag racing.
After a reckless driving conviction, the potential criminal sentence can include:
- A maximum jail term of 30 days and/or
- A fine reaching up to $200.
Since reckless driving is a motor vehicle offense, a conviction may lead to supplementary outcomes, including:
- Accumulation of points on your driving record
- Possible suspension and/or revocation of your Texas driver's license
- Placement on probation
- Mandated community service
- Obligation for victim restitution
- Requirement to attend traffic school
- Court-mandated counseling and/or treatment
- Escalation of car insurance rates and premiums
- Risk of losing car insurance coverage
- Potential civil liability for harm caused to individuals or property.
Additional Ramifications of Reckless Driving
The repercussions of reckless driving extend beyond mere jail time and fines. In Texas, a conviction for reckless driving can lead to substantial collateral consequences. These consequences include social and civil penalties that may not directly tie to the offense but can arise simply due to the presence of a criminal record.
Collateral consequences stemming from a reckless driving conviction in Texas may involve:
- Risk of job loss, especially if driving was integral to employment
- Challenges in securing gainful employment
- Difficulties in providing for your family arising from travel restrictions stemming from license revocation
- Limited opportunities for employment in specific industries (such as healthcare, education, and government)
- Potential impact on child custody decisions.
Injuries Resulting From Reckless and Aggressive Driving in Texas
Reckless and aggressive driving can lead to a wide array of injuries, all of which share a common thread: they are largely preventable. The impact of these injuries on victims and their families can be catastrophic, often resulting in financial distress and uncertainty about how to cover mounting expenses.
When the injured party is the primary breadwinner, the burden of providing for dependents looms large. Moreover, the situation becomes even more challenging if a vehicle is rendered unusable or needs extensive repairs.
Skilled Texas reckless driving accident attorneys have extensive experience in handling:
- Traumatic brain injuries (TBI) and other head injuries
- Fractured skull injuries
- Spinal cord injuries (SCI)
- Amputations
- Bone fractures
- Chest trauma
- Diaphragm trauma
- Chronic pain
- Dashboard knee injuries
- Facial nerve damage
- Facial fractures
- Facial lacerations
Each of these injuries can have profound and lasting effects on the victim's life, necessitating comprehensive legal support to secure rightful compensation. If you or a loved one suffered such injuries due to reckless or aggressive driving, a car accident attorney can advocate for your rights and pursue the compensation you deserve.
Damages in a Reckless Driving Car Accident Claim
In a reckless driving car accident claim, damages can compensate the injured party for their losses.
These may include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Property damage
- Loss of consortium
- Disfigurement and scarring
- Loss of enjoyment of life
- Emotional distress
The specific damages awarded in a reckless driving car accident claim can vary depending on the jurisdiction, the circumstances of the accident, and the strength of the evidence presented. An experienced attorney can explain which damages may apply in their particular case and how to best pursue them.
Proving Reckless Driving in a Car Accident Case
Establishing the at-fault party's liability in a reckless driving case can be a crucial challenge in securing compensation for your damages. This underscores the importance of enlisting the services of a seasoned auto accident attorney.
While a reckless driving incident resulting in injury or fatality may lead to criminal charges against the responsible party, it doesn't automatically ensure that you'll receive full and just compensation through a separate civil lawsuit.
In a civil case, the burden of proof rests on demonstrating the reckless driver’s negligence. The standard of proof is less stringent compared to criminal proceedings.
Beyond seeking financial recovery for your losses, a civil case offers a means to hold the negligent driver accountable for their reckless actions. It also serves as an avenue to find solace and closure for yourself following such a traumatic experience.
In such cases, your attorney will play a crucial role in gathering and presenting evidence to substantiate your claims, including:
- Eyewitness testimony: Statements from individuals who witnessed the reckless driving incident can provide invaluable firsthand accounts of the events leading up to the crash.
- Accident reconstruction: Employing experts to reconstruct the accident scene and analyze the sequence of events can offer compelling evidence to support your case.
- Traffic violations: Documentation of any traffic violations committed by the reckless driver, such as speeding or running red lights, can be crucial evidence of their negligence.
- Cell phone records: If distracted driving was a contributing factor, obtaining cell phone records may reveal whether the driver was engaged in activities like texting or calling at the time of the accident.
- Surveillance footage: Any available surveillance footage from nearby businesses or traffic cameras can provide visual evidence of the reckless behavior.
- Expert testimony: Subject matter experts, such as accident reconstruction specialists or medical professionals, may provide testimony to bolster your case.
- Medical records: Comprehensive medical records detailing the extent of your injuries, treatments received, and long-term prognosis are vital in establishing the accident's impact on your well-being.
- Photographic evidence: Photographs of the accident scene, vehicle damage, and injuries can be compelling visual documentation.
- Police reports: Official reports filed by law enforcement officers can offer crucial details about the accident, including their assessment of fault.
- Driver history: Investigating the driving history of the reckless driver may reveal any prior incidents of reckless behavior, which can establish a pattern of negligence.
By carefully compiling and presenting such evidence, your attorney will endeavor to substantiate the reckless behavior of the at-fault party, ultimately strengthening your case for fair compensation. This comprehensive approach addresses your immediate financial burdens and holds the negligent driver accountable for their actions.
The Texas Statute of Limitations
Individuals who suffer an injury in a car accident should know that time is of the essence. If they don't receive a fair settlement for their injuries, they must meet a legal deadline to file the case. The deadline is the statute of limitations. In Texas, the deadline is two years from the injury.
Under some circumstances, the statute of limitations for your case might differ—for example, if your claim is against a government entity or involves a minor child. By checking with a car accident lawyer, you can determine which statute of limitations applies to your accident.
If you miss this deadline, the court will likely not accept your case, leaving you with no other options for compensation. By contacting a seasoned car accident attorney as soon as possible after your car accident, you can file your case on time.
The main reason for the statute of limitations is so that civil lawsuits are dealt with promptly. Suppose a person suffers an injury and is serious about litigation. In that case, the law assumes they will begin the process with reasonable diligence sooner rather than later. Also, evidence can become stale or unclear if a significant time elapses before legal action.
Injured in a Reckless Driving Accident?
If you suffered an injury in a reckless driving accident, don't hesitate to contact a knowledgeable Austin personal injury lawyer as soon as possible. No matter if police charged or ticketed the at-fault driver under Texas law for reckless driving, your attorney can hold them accountable for your damages. This way, you can receive full and fair compensation for your injuries and other losses.
The sooner you hire an attorney, the better the outcome of your case.
