One of the most eye-watering statistics is that 87% of drivers engage in reckless and negligent driving. This report from the AAA Foundation for Traffic Safety states that everyone behind the wheel is driving recklessly at some point while they’re on the road.
This type of careless driving often causes severe accidents and severe injuries to other passengers and drivers. Not to mention yourself. In the worst instance, it can result in a fatality.
While reckless and negligent driving sound as though they are the same, there are some differences that you should know about. Specifically, when it comes to how the law defines each category. If you’ve ever wanted to know what separates these two definitions, allow us to explain it for you in more detail.
What Is Negligent Driving?
The key difference between recklessness and negligence is the intent of the driver. Negligence means that the person behind the wheel failed to care about others on the road. Some examples of negligence can include:
- Failing to use a blinker
- Falling asleep behind a wheel
- Not following the rules at a right of way intersection
- Driving on private property without consent
- Driving under the influence of drugs or alcohol
Everyone who obtains a license has signed up to follow the rules of the road. They’ve agreed to take care when it comes to avoiding injuring passengers, other drivers, and pedestrians. Not following the laws that can lead to an accident will likely mean a negligent driving charge.
The interpretation of negligent driving can differ from state to state. So you must be aware of the rules if you travel around the country. The definition of negligent driving remains the same, no matter where you are.
What Is Reckless Driving?
Reckless driving is defined as behaving without regard for anyone else’s safety. They understand the risks of their behaviors but choose to drive recklessly regardless. Examples of this type of driving can include:
- Drink driving
- Excessive speeding
- Street racing
- Running a red light
- Driving without headlights on
- Texting while driving
- Illegal passing
- Weaving through traffic
- Tailgating
As with negligent driving, the rules around riding wreckless differ around the country. Some of the more unique understandings of the law in different states are:
- Several states consider fleeing the police as reckless driving
- Reckless riding in Hawaii can involve an animal
- Intentionally making a vehicle airborne in Illinois is reckless driving
- In Louisiana, if you fall asleep and someone dies as a result of this act
- Racing under the speed limit is reckless driving in Minnesota
- Organizing a race on public highways or gambling on races can involve reckless driving charges in Nevada and New Hampshire
- Performing a wheelie on a motorbike in Tennessee will get you a reckless driving charge
- Driving faster than 80mph in Virginia will see you charged with reckless driving and six points added to your DMV record
Reckless driving is considered an intentional act. As such, the penalties are much more severe than negligent driving, as it is believed that the person behind the wheel knew what they were doing was wrong.
How Is Reckless Driving Different to Speeding Offenses?
Driving excessively fast is a form of reckless driving. However, getting a speeding ticket is not the same as getting charged with careless driving. The consequences are very different in several areas.
A ticket for speeding is often a civil infraction that is punishable by fines only. A reckless driving charge can get added in certain situations. For example, if you’re driving 15 miles or more over the posted speed limit, you can be charged with reckless driving.
The penalty amounts are also significantly different. Speeding fines can range from $10 to $250 in most states. But if you’re charged with reckless driving, then you can earn penalties above $1000, as well as possible jail time, and suspension of your driver’s license for up to 60 days.
Another consequence of reckless driving is that you’ll have more points assessed on your driver’s license. If you’re caught speeding, you may only receive two or three points. However, four points will get added to your license for reckless driving.
Because reckless driving is a criminal offense, if you’re found guilty of this activity, then it will go on your permanent record. This won’t happen if you receive a speeding ticket. There are many long-term consequences of having a permanent criminal record, such as difficulty obtaining employment, housing issues, and security clearances.
While speeding is a form of reckless driving, they are not always punished in the same way. It’s only if you’re found guilty of excessively speeding that you may end up with not only a speeding ticket but also a criminal charge that can come with jail time and other long-term consequences.
What Are the Penalties for Reckless and Negligent Driving?
The penalties for reckless and negligent driving differ by state. A lot of consideration can go into what the penalty may be for this traffic offense. It can also determine if the driver continues to hold a license or not.
For most states, negligent driving penalties are a hefty fine and points on your DMV record. But if there is a history of careless driving or you were under the influence at the time, then the penalties may be more severe. However, reckless driving comes with harsher penalties.
For example, in Washington State, reckless driving is classed as a criminal offense and can come with a maximum jail sentence of one year or less. It can also come with a fine of up to $5000 and a suspension of the driver’s license. The charge will also impact their insurance as drivers will need an SR-22 high-risk auto cover.
In Ohio, the rules are a little different. The penalties for reckless or negligent driving depend on their prior traffic convictions and repeated offenses.
If it’s a first offense, a driver can receive a fine of $100. When a conviction occurs twice in the past year, they may receive up to 30 days in jail and a fine of $250. If they continue to drive recklessly, they may receive 60 days in prison and a $500 fine.
For California, reckless driving is a misdemeanor offense. This can carry up to 90 days in jail, a fine of $145, and two points on their driver’s license.
No matter what part of the country you’re in, if you’re charged with reckless or negligent driving, then you can expect some severe consequences. You will need a lawyer familiar with traffic offenses to help you explain your options if you are to go to court.
What Is the Difference Between Reckless and Negligent Driving In A Civil Case?
If an accident occurs due to negligent or reckless driving, then it’s important to know the differences of how the charges can impact a civil case. Depending on how the judge rules could determine the size of the punitive damages for compensation.
Proving that you were driving recklessly means that you had the intent to hurt other people. This can entitle the victim to a more generous amount of compensation. But the victim does need to prove that you were driving to harm another person intentionally.
How Can You Avoid Reckless and Negligent Driving?
To avoid getting charged for reckless or negligent driving, there are some tips you can follow to ensure that you’re not endangering yourself, other motorists, or pedestrians. Some of the methods you can practice include:
- Allow for plenty of time to reach your destination so that there’s no reason for you speed, change lanes quickly, or drive aggressively
- Wear prescribed eyewear when driving, especially at night
- Avoid distracted driving such as texting, talking on the phone, eating, and adjusting the radio
- Never drive under the influence of drugs or alcohol
Practicing these rules will reduce the likelihood of getting charged with a dangerous driving offense. It will also help you avoid any large fines and potential dates in front of a judge.
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