What Is Reckless Driving in Texas?

April 23, 2024 | Car Accidents

Vehicle accidents are usually caused by the careless or negligent actions of one or more drivers. There are various types of driver actions that can be considered negligent, but there are times when the behavior of a driver rises to the level of recklessness. Here, we want to properly define reckless driving in Texas. We will examine whether or not there is a specific law regarding reckless driving as well as the possible consequences reckless driving can have.

What are the Dangers & Penalties for Reckless Driving?

When we look at Texas law regarding reckless driving (TRANSP § 545.401), we can see that this is considered a hybrid offense in Texas. This does not fall under either a Class B or Class C misdemeanor offense. Rather, it is a separate type of offense, and a driver could face a misdemeanor charge with a maximum of a $200 fine and/or up to 30 days in jail.

Reckless driving will remain on a person’s permanent criminal record. Additionally, there are other possible penalties involved in reckless driving convictions, including driver’s license suspensions, the revocation of a driver’s license, points against the driving record, community service, restitution if they are victims, increased motor vehicle insurance premiums, and more.

It is important to understand that reckless driving is taken much more seriously than a typical traffic offense. This is also a criminal offense that can affect a person well beyond their ability to drive.

However, the criminal and civil financial penalties associated with reckless driving are only part of the overall dangers involved with these types of actions. Reckless driving can lead to severe auto accidents. These accidents can cause severe injuries for drivers and passengers. It is not uncommon for reckless driving to result in injuries such as:

• Spinal cord trauma with paralysis
• Traumatic brain injuries
• Open head wounds
• Broken or dislocated bones
• Internal organ damage or internal bleeding
• Significant scarring or disfigurement
• …and more

What Actions are Considered Reckless Driving in Texas?

There are various types of actions that can be considered reckless driving or the “willful or wanton disregard for the safety of persons or property.” Some of the most common types of reckless driving that occur include the following:

• Driving significantly over the posted speed limit
• Operating too fast for hazardous roadway conditions
• Driving while intoxicated by alcohol or drugs
• Street racing
• Evading the police
• Weaving in and out of traffic
• Any other actions that endanger the life or property of another

It is important to point out that reckless driving charges often accompany other types of criminal charges that a person could face. For example, if a person gets into an accident while operating their vehicle impaired by alcohol, they could face both a reckless driving charge as well as a DUI charge.

If a person is caught street racing, they could face various types of misdemeanor or felony charges as well as a reckless driving charge.

Types of Compensation Available for Reckless Driving Accident Victims

If you have been injured in an accident caused by a reckless driver in Texas, you may be entitled to various forms of compensation. The specific compensation you’re able to receive will depend on the details of your case, but generally, victims of reckless driving accidents can pursue both economic and non-economic damages.

Economic damages, often referred to as special damages, are intended to cover the financial losses you incur as a result of the accident. These can include:

• Medical expenses. This includes the cost of emergency treatment needed, any required surgical care, hospital stays, rehabilitation, physical therapy, and any necessary ongoing medical treatments.
• Lost income. If your injuries prevent you from working, you may be entitled to compensation for lost wages. This can also include a loss of future earning capacity if a disability prevents you from working in the future.
• Property damage. Compensation for the repair of your vehicle and any other personal property damaged in the reckless driving collision.
• Out-of-pocket expenses. This can include anything from transportation to medical appointments to costs associated with hiring help for household tasks you can no longer perform.

Non-economic damages, which you may see referred to as general damages, are more subjective and compensate for the impact the accident has had on your life. These can include:

• Pain and suffering. This covers not just the physical pain caused by the incident, but also for the emotional distress you have endured as a result of the accident.
• Loss of enjoyment of life. If your injuries have led to a reduced quality of life, you may be compensated for the activities and pleasures you can no longer enjoy.
• Emotional distress. This can include anxiety, depression, and other psychological impacts resulting from the trauma of the accident.

Does Reckless Driving Qualify for Punitive Damages in Texas?

In Texas, punitive damages, also known as exemplary damages, are intended to punish the defendant for particularly egregious or reckless conduct and to serve as a deterrent against similar behavior in the future. Under Texas Civil Practice and Remedies Code § 41.003, punitive or exemplary damages may be awarded in cases where the plaintiff can prove that the defendant acted with fraud, malice, or gross negligence.

Reckless driving can sometimes meet the threshold for punitive damages if the behavior of the driver is deemed to be grossly negligent or malicious. Gross negligence is defined as conduct that involves an extreme degree of risk, and the driver was aware of the risk but proceeded anyway, showing a blatant disregard for the safety of others.

Examples of reckless driving that might qualify for punitive damages include extreme cases of speeding, street racing, driving under the influence, or intentionally evading law enforcement. However, proving gross negligence or malice requires a higher burden of proof than ordinary negligence.

If punitive damages are awarded, they are typically in addition to the compensatory damages mentioned earlier, and they can significantly increase the total amount of compensation received.

Steps Victims Can Take to Help Secure Claim Success

After being involved in an accident caused by reckless driving, there are several proactive steps you can take to help improve the odds of a successful claim outcome:

1. Seek Immediate Medical Attention. Even if your injuries seem minor, it is crucial to seek medical care right away. Some injuries may not be immediately apparent, and a prompt medical evaluation can help link your injuries to the accident.
2. Document the Scene. If possible, take photos of the accident scene, including any visible injuries, vehicle damage, road conditions, and any traffic signs or signals. 
3. Gather Witness Information. If there were any eyewitnesses, whether involved in the collision directly or not, try to obtain their contact information. Their statements could provide important support for your case.
4. File a Police Report. A law enforcement accident report for the accident is needed to process the insurance claim and will include valuable details about the circumstances and who was at fault.
5. Keep Detailed Records. Maintain a record of all medical care you receive, out-of-pocket expenses, and any time missed from work. Also, keep a journal documenting your pain, emotional distress, and how the injury has impacted your daily life.
6. Consult with an Attorney. Engaging a skilled personal injury lawyer in Texas early in the process can greatly improve your chances of a successful claim.

Contact an Austin Car Accident Attorney for Help

If you or somebody you care about has been injured in an accident caused by the actions of a reckless driver, you need to reach out to an attorney as soon as possible. A skilled Austin car accident lawyer will be able to handle every aspect of your claim. They can investigate the incident, determine liability, and help you recover the compensation you are entitled to for your losses.