What Is Reckless Driving in Texas?

Reckless driving is a common complaint in Texas car accident lawsuits. It is a dangerous practice that can cause severe personal injuries, such as traumatic brain injuries and spinal cord injuries. Reckless driving is against the law in Texas; it is a moving violation that can come with a citation and serious penalties. It is also a civil tort that can make the driver liable for an injured victim’s injuries and losses. It is important to know your rights if a reckless driver crashed into you in Houston.

Texas Transportation Code 545.401 defines reckless driving as operating a motor vehicle with a willful or wanton disregard for the safety of other people or property. Reckless driving is a step beyond negligent driving. Rather than describing simple carelessness, reckless driving describes an action that will foreseeably cause harm, yet the driver commits it anyway. Reckless driving can describe many different behaviors behind the wheel that would foreseeably cause serious bodily harm, death or property damage to others.

It is largely up to the responding police officer whether or not a driver’s actions constitute reckless driving. If the officer believes the driver was operating a vehicle in a manner that willfully or wantonly put others in danger, the driver may face a reckless driving citation. According to Texas criminal law, reckless driving is a misdemeanor punishable by a fine of up to $200 and/or up to 30 days in the county jail. It is also a civil tort, meaning if the reckless driver causes a car accident, he or she will be liable.

Reckless driving is extremely dangerous. It often causes more serious injuries than standard negligence due to high speeds, wrong-way driving and other factors. A victim of a reckless driving crash may suffer life-changing or permanent personal injuries. These can include broken bones, scarring, disfigurement, disabilities, organ damage, debilitation and emotional injuries. A reckless driver could also cause a fatal accident in Texas.

If you are the victim of a reckless driving accident, the law in Texas may entitle you to compensation from the at-fault party. The driver may owe you money for your past and future medical bills, pain and suffering, lost income, and other losses. You will have grounds to file a third-party claim with the reckless driver’s auto insurance company. The insurance company should grant you benefits based on the injuries suffered and the facts presented. If the reckless driver did not have insurance or it was a hit-and-run accident, however, you may have to seek benefits from your own insurance provider instead.

If your car accident involved an uninsured reckless driver, underinsured driver or hit-and-run, turn to your car insurance company for recovery. Your insurer will let you know if you have the right type of insurance, such as uninsured motorist insurance or comprehensive coverage. If so, the company will pay for your losses up to the policy’s maximum. If you do not have the correct type of insurance, your only other option is a claim against a third party, such as the other driver’s employer or the City of Houston.

It is important to recover fair compensation for a reckless driving accident, especially if it gave you serious or catastrophic personal injuries. Contact a car accident attorney in Houston as soon as possible if a reckless driver caused your crash.

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