Texas Reckless Driving Laws
Reckless driving behaviors put everyone on the road at risk. It’s more than just dangerous – it’s illegal, and drivers can face both criminal penalties and civil liability if their violation of Texas reckless driving laws causes an accident that injures another person.
If you were involved in a collision caused by someone else’s reckless driving, you may have strong grounds to seek compensation for your losses through a personal injury claim. Rather than go through this on your own, trust an experienced car accident lawyer to prepare your claim and fight for the justice you deserve. Loewy Law Firm has over 20 years of experience representing injured Texans. Contact us today at (512) 280-0800 to discuss your case for free and learn more about your possible next steps.
What Is the Texas Reckless Driving Law?
Texas Transportation Code § 545.401 regards driving behaviors that wilfully or wantonly disregard the safety of others (including others’ property) as reckless driving. The law applies to both public and private property. Those convicted of reckless driving in Texas face fines of up to $200, up to 30 days in jail, or both.
Criminal Penalties
Additionally, reckless drivers may face civil penalties if their actions harm others. A person injured in a collision with a reckless driver may file a personal injury claim or lawsuit seeking compensation for the resulting expenses and losses. Even in the absence of a criminal conviction, an injured person may still use evidence of reckless driving to support an injury claim.
Civil Liability When Reckless Driving Causes an Injury
All Texas drivers have a duty to others on the road to avoid behaviors that increase the risk of accidents. When a driver fails in this duty and causes harm to someone else, they are said to be negligent and can be held liable for their actions. Reckless driving differs from careless or negligent driving because of the degree of disregard involved. A reckless driver doesn’t just make a mistake – they consciously and intentionally act in a manner that endangers themselves and others.
Examples of Reckless Driving
Texas’s reckless driving law does not define specific actions as inherently reckless. However, certain driving behaviors commonly qualify as reckless. For example:
- Driving at extremely high speeds
- Racing on highways
- Running red lights or ignoring traffic signals at high speeds
- Aggressively tailgating, weaving through traffic, or making unsafe lane changes
- Road rage behaviors
How Do I Prove Another Driver Was Reckless?
Proving the other driver involved in a collision was behaving recklessly requires evidence of their actions leading up to the accident. You need to prove that the other driver acted with wilful or wanton disregard for your safety and that of others, which requires more than showing that they were simply careless. The evidence has to demonstrate that the other driver engaged in knowingly risky and dangerous behavior that put others in harm’s way.
To prove the driver was reckless, you’ll need strong evidence, and you’ll need to gather it as soon as possible after the accident to prevent it from deteriorating or going missing.
An experienced attorney can take the lead on this process. A few examples of evidence that can provide proof are as follows:
- Police reports and officer observations
- Dashboard, traffic, and surveillance camera footage
- Photos and videos of the crash scene
- Eyewitness statements
- Testimony from accident reconstruction specialists
- Cell phone records
- Vehicle data
- Toxicology or impairment reports
Every piece of available evidence in reckless driving claims can help to establish the reckless nature of the other driver’s behavior. If there’s a parallel criminal case against the driver, the evidence from that case can also be used to support a civil claim, although it’s not automatically necessary.
Types of Injuries in Texas Reckless Driving Accidents
Reckless driving usually means high speeds and dangerous behaviors, which is why reckless driving accidents are more likely to result in severe injuries. Some of the most common injuries that occur in reckless driving accidents are:
- Head injuries, including concussions and traumatic brain injuries (TBIs)
- Back and spinal cord injuries
- Internal injuries, including bleeding and organ damage
- Multiple broken bones
- Severe lacerations
- Facial and dental injuries
- Psychological and emotional harm, including post-traumatic stress disorder (PTSD)
Available Compensation in a Texas Reckless Driving Case
Most personal injury claims arising from reckless driving accidents include compensation for both economic (financial) and non-economic (intangible) losses. For example:
- Past, ongoing, and anticipated future medical expenses
- Rehabilitation and therapy costs
- Lost income, including lost future earnings or diminished earning capacity
- Costs of mental health treatment
- Property damage
- Physical and emotional pain and suffering
- Diminished quality and enjoyment of life
- Permanent disability or disfigurement
Additionally, some reckless driving cases may entitle a victim to exemplary damages, which the court may award when the driver’s actions exhibit evidence of malice or gross negligence.
Why You Need an Attorney to Manage Your Claim Against a Reckless Driver
Car accidents are inherently traumatic events because of their unexpected nature and the harm they cause. But the violence and aggression of reckless driving accidents can make these collisions exceptionally upsetting. As a result, you may need considerable time and space to focus on healing from your physical and emotional injuries.
Working with an experienced Texas car accident attorney can help give you the cushion you need. A lawyer can manage the details of your case, from gathering evidence and preparing the claim to negotiating with insurers and advocating for you in court, if necessary. They’ll fight to protect your rights while insurance companies and defense lawyers try to minimize your claim or even blame you for the accident.
Your attorney can also make sure your case proceeds within the Texas personal injury statute of limitations, which gives you two years to file a personal injury lawsuit in most cases.
If You Are a Victim of Reckless Driving
If another driver’s reckless actions caused a collision that injured you, you’re likely facing significant physical pain, time away from your job, mounting medical expenses, and increasing concerns about your financial situation. You shouldn’t also have to worry about managing a car accident claim on your own. Instead, turn to Loewy Law Firm for the representation you deserve. We’ve recovered millions for injured Texans over our two decades in practice, including multiple seven-figure awards for car accident victims. What’s more, we never charge a fee unless we win the case, which means you’re at no financial risk when you let us assert your rights.
Contact Loewy Law Firm today at (512) 280-0800 for a free consultation to discuss your case, and discuss your next steps with an experienced, committed reckless driving accident attorney in Austin.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.