What Is Reckless Driving? 

When people think of reckless driving, they usually imagine high speed car chases that they watch on the news. Also known as dangerous driving or aggressive driving, reckless driving encompasses various risky behaviors on the road. It can take the form of a distraction, such as texting, impaired driving involving alcohol or drugs, or excessive speeding. 

Dangerous driving can cause severe injuries or death to some or all of the drivers and passengers. If a reckless driver caused your accident, they are liable for your injuries and damages. Contact our Orange County car accident lawyer to help you recover financial compensation. 

Reckless Driving Charge in California

California Vehicle Code section §23103(a) defines reckless driving as driving a vehicle with “willful or wanton disregard for the safety of persons or property.” A reckless driving charge can be a misdemeanor or felony offense, depending on whether the accident resulted in a physical injury. 

A misdemeanor reckless driving conviction without bodily injury is punishable by a $1,000 fine and up to 90 days in county jail. 

A felony reckless driving charge carries more serious consequences. If an injury or death occurs from reckless driving, the at-fault driver faces up to three years in state prison and a fine of up to $10,000. 

Reckless drivers may also face additional consequences, such as: 

• Driver’s license suspension
• Suspension of driving privileges
• Vehicle impound
• A permanent arrest record

According to recent studies from The New York Times and AAA, dangerous driving behaviors have been on the rise since the start of the COVID-19 pandemic. According to the National Highway Safety Traffic Safety Administration (NHTSA), motor vehicle accidents claimed 42,915 lives in 2021, a rise of 10.5% compared to 2020. A significant number of fatalities involved passengers and drivers not wearing a seatbelt. 

Reckless Driving Behaviors

In California, reckless driving is a broad term for operating a motor vehicle in such a manner that creates a substantial and unjustifiable risk. While it most often takes the form of speeding, behaviors that constitute reckless driving can also include tailgating, running red lights, street racing, and failing to yield the right of way.

Here are some reckless driving examples:

Speeding

Speeding is one of the most common causes of traffic accidents in Southern California. Exceeding the speed limit by 15 mph over the legal limit is considered reckless driving. Yet it is up to law enforcement to determine if a driver’s speed is reckless based on the circumstances. 

In recent years, California has cracked down on speeding drivers. Higher speeding tickets and speed cameras installed in several cities are aimed at discouraging drivers from going over the speed limit. Additionally, California has a specific law for driving over 100 mph on a highway. Speeding over 100 mph is automatically considered reckless driving, and leads to steep fines and driver’s license suspension. 

According to the NHTSA, speeding accounts for a third of all traffic accidents. Speeding increases the likelihood of a crash because drivers have less time to react and it requires a longer distance to stop or slow down. It also increases the crash energy exponentially. 

Impaired Driving

Both drunk driving and drugged driving can be reckless driving charges and are highly illegal in California. When a driver is impaired, they are unable to operate a vehicle safely and responsibly. They pose a threat to themselves and others. 

Impaired driving is a broad term for driving a vehicle while under the influence of alcohol, drugs, prescription drugs, or over-the-counter medication that affect the driver’s judgment, coordination, reaction time, or perception. It also extends to drowsy driving, which affects a driver’s ability in the same way as alcohol or drugs. Impaired driving crashes often lead to serious injuries and fatalities. 100% of these accidents are preventable. 

A driver charged with a DUI (driving under the influence) can also be charged with reckless driving in California. A DUI is a more serious offense because it is a priorable charge, which remains on a driver’s record. A first-time DUI charge may result in fines and up to six months in county jail. 

Distracted Driving

Texting, talking, eating, reading, and using GPS all appear to be normal habits while driving, but are in fact very dangerous. Anything that takes your eyes or mind off the road is considered distracted driving. If an officer spots a driver engaging in an activity, they can be pulled over and receive a reckless driving ticket or “speed unsafe for conditions” traffic violation.     

California has a strict “no texting while driving” law. The law also extends to talking on a cell phone, unless it is a hands-free device. A violation of this law means a $162 fine for the first offense, and $285 for the second offense. 

According to the California Highway Patrol (CHP), drivers are 23 times more likely to be involved in a collision if they are texting while driving. 

Aggressive Driving

There is no legal distinction between aggressive driving and reckless driving in California. Aggressive driving usually invokes more anger on the driver’s side than reckless driving cases. Drivers who perpetuate aggressive behavior behind the wheel also are prone to road rage, which can lead to deadly consequences.

According to the NHTSA, the following behaviors are considered examples of aggressive driving:

• Weaving in and out of traffic 
• Tailgating
• Brake checking
• Ignoring stop signs or red lights
• Cutting off other drivers 
• Honking the horn excessively

California does not have specific road rage law. A driver pulled over for road rage can be charged with reckless driving, assault, battery, or other related laws. 

Street Racing

Street racing, or drag racing, is the practice of racing two or more motor vehicles on freeways and public roads, usually at high speeds and without any safety precautions.

It is illegal in California for both drivers and spectators. Under California law, street racing is a misdemeanor offense that can result in a fine of up to $1,000, imprisonment for up to 90 days, or both. Additionally, the court may suspend or revoke the driver’s license, impound the vehicle, or order the installation of an ignition interlock device.

With speeds over 100 mph and other reckless behavior, street racing and takeovers lead to some of the most devastating crashes. Street racing is not only dangerous and deadly for the drivers, but also for pedestrians and other road users. 

According to an analysis conducted by The Los Angeles Times, at least 60 people died in crashes involving street racing in Los Angeles between 2000 to 2017. In Orange County, local officers received around 20,000 calls reporting illegal street racing in 2020. 

Proving Fault in a Reckless Driving Accident 

In an Orange County reckless driving case, the driver who engaged in negligent or careless behavior is liable for any damages. They may also face criminal charges if the accident results in injury or death to another driver or passenger. California is a fault-based system, which means that the person who caused the accident is responsible for paying compensation to victim. 

If you have been injured by a reckless driver, you may be able to recover compensation for your medical bills, lost income, and other losses. You will need to prove that the other driver was at fault for the accident. This can be challenging, especially if the other driver denies liability or tries to blame you.

When you work with an experienced car accident lawyer, you will be able to recover and heal from your injuries. Our law firm will investigate your case, obtain the necessary evidence, and file a claim against the reckless driver. We will make sure you receive the best possible attention and care. 

Contact Orange County Car Accident Lawyer Daniel Kim

With a 99% success rate and over $300 million won for clients, Daniel Kim is a leading car accident lawyer in Orange County. Seeing his job as more than just a profession, he is committed to fighting for justice for injured victims of auto accidents. 

Our legal team works with accident reconstruction experts, medical professionals, and private investigators to prove the other party’s fault. We secure maximum financial compensation for the injured party.

If you or a loved one was injured or killed in a reckless driving accident, call The Law Offices of Daniel Kim. We never ask for upfront fees or give you false promises. Call our reckless driving attorney today at (800) 719-9779 or reach out to us online for a free consultation.