Reckless Driving in California

In California, a person may be found guilty of reckless driving if they operate a vehicle with wanton or willful disregard for the safety of others. This may differ significantly compared to careless driving or a simple human error. It involves knowingly taking substantial and unjustifiable risks, like excessive speeding or exhibiting imprudent manners, that can endanger a person or property. Affected victims may pursue legal action to recover damages for losses caused by a reckless driver.

At West Coast Trial Lawyers, our personal injury lawyers are readily available to step in and guide you through the legal process. Our team will evaluate the information presented, establish fault, and prepare to immediately forward any filings or court documents required to proceed with your case without delay.

To book a FREE consultation, you can reach out to us by calling (213) 927-3700 or completing our easy online contact form.

What Is the Meaning of Reckless Driving?

Reckless driving refers to operating a vehicle in such a manner that unreasonably endangers users of the road. It involves risky behavior that can lead to serious accidents and injuries. Some occurrences that relate to reckless driving include the following:

• Excessive speeding
• Rapid lane changing
• Ignoring traffic signals
• Racing
• Driving while under the influence

The Pew Research Center provided 2022 data covering reckless driving, which is based on information collected by the National Highway Traffic Safety Administration (NHTSA). They noted that 14.5 percent of all crashes involved a hit-and-run driver, which is an increase compared to 2019 where it was 12.1 percent. About 27.8 percent of fatal motor vehicle crashes involved speeding. In addition, 4.9 percent of drivers in fatal collisions were charged with “reckless/careless/hit-and-run” offenses.

What Is the Most Common Punishment for Reckless Driving?

Reckless driving is treated as a serious traffic offense in California, and can lead to harsh legal consequences regardless of whether it is a first-time violation. Depending on the circumstances involved, you could either be met with a misdemeanor or a felony. The punishment will be focused on the following:

• If anyone was injured
• Your driving history
• Whether aggravating factors were involved

Let’s take a closer look at what penalties are associated with misdemeanor and felony reckless driving.

Misdemeanor

Under California Vehicle Code § 23103(c), if convicted of reckless driving (general), the following penalties may apply:

• Up to ninety days in county jail
• A fine between $145 to $1,000
• Or both

If bodily injury to another person is involved, enhanced penalties will be administered, such as (CVC 23104(a)):

• Thirty days to sixty months in county jail
• Fines between $220 and $1,000
• Or both

The offense may stay on your record and be used to implement harsh penalties for future violations. In addition, the court receives confirmation when determining the next steps in the case. This will allow them to revoke driving privileges, impose probation, and/or require the at fault party to complete a driver improvement course. Community service is not mandatory under law for reckless driving, however, a judge could order it depending on the factors involved.

Felony

Reckless driving can be charged as a felony if it involves significant bodily injury and the driver has prior convictions. Under Penal Code § 1170(h), certain felony reckless driving offenses may be treated as wobblers, meaning that they can be met with either misdemeanor or felonies based on the factors involved in the case and the prosecutor’s discretion. If charged as a felony, harsher consequences will be determined, and may include the following (CVC 23104(b)):

• County jail for thirty days to six months
• A fine ranging from $220 and $1,000 or
• A combination of both

Prosecutors may consider the severity of the injury, the driver’s intent, and their prior driving record when determining whether to pursue felony charges. Felony reckless driving can be viewed as a serious criminal offense and may carry major legal consequences.

What Is the Root Cause of Reckless Driving?

Reckless driving can occur due to a combination of behavior, emotional, and situational factors. Let’s take a look at some of them below:

• Road Rage: Drivers who are frustrated on the road may feel compelled to speed, tailgate, or cut others off. This can put not only themselves, but others at risk.
• Impatience: Some drivers prioritize reaching their destination as soon as possible, and that would require them to violate traffic laws, like running red lights, disregarding a stop sign, or speeding excessively to make it on time.
• Substance Use: Alcohol or drug impairment can play a major role in reckless driving cases. Drivers under the influence may develop poor judgment and slower reaction times, causing them to engage in dangerous behavior without fully understanding the consequences it comes with.
• Distraction: Using your phone, eating, or adjusting controls can take your attention away from the road. Those who are distracted may not realize that they are driving recklessly, but inattention can ultimately contribute to catastrophic outcomes.
• Driver Inexperience: Younger or inexperienced drivers tend to underestimate the dangers of speeding or their ability to navigate risky maneuvers.
• Mental Health: Drivers who are dealing with emotional distress, anxiety, or depression may not be able to put full focus on the road. Stress and harsh thoughts can contribute to impulsive or erratic driving choices.
• Thrill-seeking: Those who are connected to social influences or have a desire for excitement may want to participate in dangerous behavior, such as street racing or stunts.

What Is the Most Common Form of Reckless Driving?

Based on all types of reckless behavior behind the wheel, excessive speeding is deemed as the most common. While not all related cases automatically classify it as reckless, it can become a serious problem when a driver knowingly endangers other road users.

Speeding can reduce reaction time, thus increasing the intensity of collisions. According to the Insurance Institute for Highway Safety (IIHS), more than 12,000 deaths, specifically 29 percent of all crash fatalities, happened in speed-related accidents in 2022. In addition, a total of 40,901 deaths were reported in fatal motor vehicle crashes in 2023. Among several factors that contributed to these cases, speeding was one of them.

What Speed Is Considered Reckless Driving?

There is no fixed speed that will automatically count as reckless driving in California. It will be identified as such if an individual drives with willful or wanton disregard for the safety of persons or property. But, if you are traveling past posted speed limits, particularly in residential areas or school zones, it could be considered reckless driving, especially when combined with unsafe actions or poor weather conditions. Extremely high speeds on public highways, such as 100 mph, can also result in reckless driving charges, notably if it is done alongside other risky behavior.

How to Report Reckless Driving

If you witnessed reckless driving on California roads, can you report the incident by doing the steps sectioned below.

Call 911

If you are in immediate danger or believe someone is at risk of serious harm, contact 911 immediately. Use this for emergency-related situations, like when a driver is speeding or appears to be under the influence. Be sure to provide dispatchers with as much information as possible, including the following:

• Vehicle license plate number
• Make, model, and color
• Location of the incident
• A summary of what the reckless driver is doing 

File a Report with the California Highway Patrol (CHP)

If you notice other types of cases, like ongoing reckless driving in your neighborhood or a pattern of such behavior on the road, you can file a report with the California Highway Patrol (CHP) or reach out to the local police officers. Online reporting tools are also available through the CHP’s Traffic Complaint Form. This lets you document the following:

• The time and location of the incident
• The driver’s behavior
• Any photos or surveillance footage

Consult with a Personal Injury Lawyer

If you were harmed as a result of a reckless driver, you may be entitled to file a personal injury claim. In California, reckless driving can be a traffic violation, evidence of negligence, or even gross negligence, which can support your right to recover the following damages:

• Medical bills
• Lost wages
• Property damage
• Pain and suffering

A skilled personal injury lawyer can step in to investigate the situation, gather evidence, negotiate with insurance companies, and submit important documents prior to the deadlines. Without legal representation, you could make mistakes along the way that could ruin your opportunity of securing the compensation you deserve.

How Much Is a Reckless Driving Ticket?

A reckless driving conviction under CVC 23103 can carry serious consequences. A base fine for a first offense will range from $145 to $1,000. However, when you factor in court fees and penalty assessments, the total could be more costly.

If reckless driving resulted in bodily injury, the penalties may include the following:

• Fines of up to a thousand dollars
• Thirty days to sixty months in county jail
• Or both

In more severe cases that involve life-threatening injuries or prior convictions, reckless driving may be charged as a felony, leading to higher fines and additional prison time.

Is Reckless Driving a Misdemeanor in Every State?

Drivers are required to exercise due caution and maintain free and proper use of their vehicle at all times when on the road. Failing to do this can raise a simple moving violation into a reckless driving offense. Let’s look into how different state laws, specifically in Arizona, Nevada, and Washington, handle such cases and the consequences the convicted person could be subject to.

Arizona

In Arizona, a first conviction for reckless driving will be a class 2 misdemeanor (ARS 28-693). This will include the following punishments:

• A judge may require the at fault driver to surrender their license to a police officer 
• License suspension for up to 90 days
• Conviction will be reported to the Arizona DMV (ADOT)

A second or subsequent violation will elevate the charge to a class 1 misdemeanor, carrying harsher consequences, including:

• A minimum prison sentence of 20 days
• Ineligibility for probation or early release until jail term has been served
• One-year license suspension
• Judge may require the responsible party to surrender their driver’s license
• Judge will need to immediately forward the abstract of conviction to the department

If two convictions occur within twenty four months from the same series of acts, it will not count as individual subsequent offenses.

Nevada

According to the NRS 484B.653, reckless driving is a misdemeanor in Nevada. A first offense may include the following penalties:

• A $250 to $1,000 fine
• Up to six months in jail
• Both by fine or imprisonment

If previously convicted, penalties will increase to the following:

• A $1,000 to $1,500
• A jail sentence of up to six months
• Or both

A third or subsequent violation is:

• A fine ranging between $1,500 to $2,000
• Up to six months in jail
• Both fine and county jail

And if reckless driving causes serious injury or death, the at fault individual will be met with a category B felony. This may include the following punishments:

• 1 to 6 years in prison
• A fine between $2,000 to $5,000

Washington

In Washington State, reckless driving is classified as a gross misdemeanor, meaning that it is seen as a serious criminal offense with significant penalties (RCW 46.61.500):

• Up to 364 days in jail
• A fine of up to $5,000
• A license suspension for at least 30 days
• If the reckless driving conviction was due to DUI-related charges and the driver had prior offenses within seven years, they will need to install an ignition interlock device (IID)

How a Personal Injury Lawyer Can Protect Your Rights

If you sustained bodily injury as a result of someone else’s negligence, a personal injury lawyer will stand by your side to protect your rights and fight for justice on your behalf. While insurance companies may seem like they are cooperating with you in the beginning, their goal is to minimize payout. A lawyer’s job is to make sure you acquire the compensation you deserve.

They will investigate the facts of your case. This includes looking into the following:

• Medical history
• Police report
• Witness statements
• Available photos or videos

After assessing the information presented, they will establish fault and handle communication with insurance companies. Adjusters will try to settle the situation quickly by providing lowball offers. A lawyer will know how to push back on such tactics. They understand what the value of your claim is and will work diligently to ensure you are fairly compensated for the losses you incurred.

If a settlement cannot be reached, your lawyer can file a personal injury claim and represent you in court. Their knowledge and experience with legal procedures and deadlines will help ensure your case is being handled with the utmost level of care. While they take on the challenging tasks, you can focus on your recovery. Ultimately, a personal injury lawyer will advocate on your behalf and help you secure a favorable outcome.

Injured in an Accident Caused by a Reckless Driver? Get the Justice You Deserve

If you were harmed as a result of a driver who acted with reckless disregard, you may be given the right to pursue legal action to recover compensation. At West Coast Trial Lawyers, our team is committed to hold the responsible party accountable for their actions.

We know the pain and uncertainty that comes with such cases, and are here to support you every step of the way. From collecting evidence to communicating with insurance companies, we will work diligently to ensure you are granted the best possible outcome.

To set up a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our quick online contact form.

Frequently Asked Questions About Reckless Driving Accidents