Sirens on I-35 are a familiar sound in Austin, Texas, yet each one signals a moment when an ordinary drive turns dangerous. If you have been hurt because another motorist made a reckless choice, understanding Texas law can help you protect yourself while you move toward recovery.
“Reckless Driving” in Texas Law
Texas Transportation Code § 545.401 defines reckless driving as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” In plain language, you knew your conduct was risky and chose to do it anyway.
What Is Considered Reckless Driving?
A few of the most common acts that meet the “reckless driving” standard include:
- Driving 25 mph or more over the speed limit
- Weaving through traffic or changing lanes without signaling
- Running red lights or stop signs
- Street racing on public roads
- Evading law enforcement during a traffic stop
- Tailgating, brake-checking, or passing on the shoulder at high speeds
- Driving while impaired by alcohol, drugs, or extreme fatigue
- Using a phone for texting or social media while actively driving
These behaviors often appear together, amplifying the risk to everyone nearby.
Criminal Penalties for Reckless Driving
Texas treats reckless driving as criminal, not merely a traffic infraction. Consequences escalate rapidly when someone is injured or when a driver has prior convictions. You might be charged with the following:
- Class B misdemeanor: Up to 180 days in jail and a fine of up to $2,000.
- Class A misdemeanor: Up to one year in jail and a fine of up to $4,000—typically charged when injury occurs or the driver is a repeat offender.
In addition, your license may be suspended by the Department of Public Safety (DPS).
When a Misdemeanor Becomes a Felony
Certain aggravating factors move a reckless-driving charge into felony territory. Prosecutors and judges pay particular attention to:
- Serious bodily injury or death caused by the driver’s actions.
- Driving while intoxicated in combination with reckless conduct.
- Street racing that results in harm to bystanders.
- Reckless driving in a school zone or near a stopped school bus.
Felony convictions bring multi-year prison sentences, steep fines, and a permanent criminal record.
Legislative Changes on the Horizon
Lawmakers have signaled a tougher stance. Senate Bill 2799, pending House approval, would:
- Increase mandatory minimum jail time for reckless driving resulting in injury.
- Raise fine ceilings across the board.
- Expand the definition of “habitual offender,” making repeat suspensions more likely.
If enacted, these measures could take effect as early as September 1, 2025.
Long-Term Consequences Beyond the Courtroom
A conviction continues to affect your life long after fines are paid. You might face:
- Insurance premiums: Rates often jump 50 percent or more, adding hundreds of dollars per year.
- Employment hurdles: Jobs that require driving or trustworthiness may be out of reach.
- Civil liability: Injured parties can sue for damages years after the crash.
These secondary costs frequently eclipse the criminal penalties themselves.
Do You Have To Take a Reckless Driving Class in Texas?
Texas law does not require a reckless driving class for every conviction, but in some cases, a court may order one as part of sentencing, especially for repeat offenders or as part of a deferred adjudication agreement.
These driver improvement courses aim to:
- Reinforce safe driving habits
- Reduce points on your license (if eligible)
- Potentially lessen fines or penalties
Whether you’ll be required to attend a class depends on the severity of your case and the judge’s discretion.
How To Report a Reckless Driver in Texas
If you see someone driving dangerously in Texas or witness a car wreck caused by a reckless driver, you can report them by calling 911 for emergencies or 1-800-525-5555 to reach the Texas Department of Public Safety.
You’ll need to provide details like the vehicle’s description, location, and direction of travel. Timely reporting helps protect others on the road and ensures reckless drivers are held accountable.
For Injured Texans: Your Rights and Remedies
If another driver’s recklessness left you injured, Texas law allows you to pursue compensation for:
- Medical expenses, including future treatment
- Lost income and diminished earning capacity
- Pain, suffering, and emotional distress
- Property damage to your vehicle or belongings
Prompt medical care, a detailed crash report, and legal guidance are critical. An experienced personal injury attorney can gather evidence, negotiate with insurers, and, when needed, file suit to ensure the at-fault driver bears the financial burden, not you.
A Personal Injury Lawyer Can Help
Reckless driving turns routine moments into life-altering events. Whether you’re navigating I-35 or a quiet neighborhood street, another driver’s dangerous choices can cause serious harm in Austin, TX. Understanding how Texas defines and penalizes reckless driving is key to protecting your rights and pursuing justice.
For help pursuing compensation after you are injured by a reckless driver, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
