Is Reckless Driving a Felony?

Reckless driving is one of the most dangerous behaviors on the road, posing significant risks to drivers, passengers, pedestrians, and property. 

But is reckless driving a felony? The answer, however, depends on the circumstances of the incident and the laws of the state where the violation occurred.

Due to the legal complexities involved, an experienced attorney can help you understand if a reckless driving incident registers as a felony—as each case is unique and with many different varying factors.

If someone drives recklessly and causes you an injury, they can be held liable for your damages, and you may be entitled to compensation. If the reckless driving is classified as a felony, your compensation may be even more substantial.

To learn more about your reckless driving case, contact Morgan & Morgan for a free case evaluation today.

What Is Reckless Driving?

Reckless driving is generally defined as operating a vehicle with willful or wanton disregard for the safety of others. This means the driver is aware of the risks associated with their actions but chooses to ignore them, putting others in harm’s way.

Common examples of reckless driving include:

• Excessive speeding, particularly in residential areas or school zones.
• Running red lights or stop signs.
• Aggressive driving, such as tailgating, weaving in and out of traffic, or road rage.
• Street racing.
• Driving under the influence of alcohol or drugs.
• Evading law enforcement.

While reckless driving is typically classified as a misdemeanor, certain aggravating factors can elevate it to a felony.

When Does Reckless Driving Become a Felony?

The distinction between a misdemeanor and a felony often hinges on the severity of the consequences of the driver’s actions. Below are some scenarios where reckless driving may be charged as a felony:

Injury or Death

When reckless driving results in serious bodily injury or death to another person, it is more likely to be charged as a felony. For example:

• Vehicular Homicide: If a driver’s reckless actions cause a fatal accident, they may face felony charges for vehicular homicide or manslaughter.
• Aggravated Battery with a Vehicle: If the driver’s recklessness causes significant injury, this could lead to felony charges as well.

Repeat Offenses

A driver with prior reckless driving convictions may face harsher penalties, including felony charges, for subsequent violations. States often have laws that escalate the severity of charges for repeat offenders.

School Zone or Work Zone Violations

Reckless driving in areas with heightened safety concerns, such as school zones or construction sites, can elevate the offense to a felony, particularly if injuries occur.

Driving With a Suspended or Revoked License

If someone is caught driving recklessly while their license is suspended or revoked, the charge can escalate to a felony in many jurisdictions.

Fleeing Law Enforcement

Evading law enforcement while driving recklessly is often classified as a felony, especially if the chase endangers others.

Penalties for Felony Reckless Driving

Felony charges for reckless driving carry severe consequences, which may include:

Incarceration

Felony reckless driving convictions can result in significant jail or prison time. Sentences vary by state but can range from one year to several years, depending on the circumstances.

Fines

Fines for felony reckless driving are substantial, often reaching thousands of dollars. These fines are meant to serve as a deterrent and to compensate for any harm caused.

License Suspension or Revocation

A felony reckless driving conviction can lead to the suspension or permanent revocation of the driver’s license.

Probation

In some cases, the court may impose probation instead of or in addition to jail time. Probation often comes with strict conditions, such as mandatory community service, counseling, or attendance at a driving safety course.

Civil Liability

Beyond criminal penalties, individuals convicted of felony reckless driving may also face civil lawsuits from victims seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.

How State Laws Differ

The classification and penalties for reckless driving vary widely across the United States. Here are some examples:

• California: Reckless driving that causes bodily injury can be charged as a misdemeanor or a felony, depending on the severity of the injuries. A felony conviction can lead to up to three years in prison.
• Florida: Reckless driving causing serious bodily injury is classified as a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
• Texas: Reckless driving is generally a misdemeanor, but causing injury or death can result in felony charges under vehicular manslaughter or aggravated assault laws.
• New York: Reckless driving is classified as a misdemeanor, but severe cases involving fatalities may be prosecuted under felony vehicular manslaughter statutes.

It is important to consult local laws and a qualified attorney to understand the specific legal consequences in your jurisdiction.

Damages You May Recover From a Reckless Driving Accident

If you are injured in a reckless driving accident, you may be entitled to recover several types of damages, depending on the circumstances of your case and the severity of your injuries. These damages fall into two main categories: compensatory damages and punitive damages.

Compensatory Damages

These damages are designed to compensate you for the losses you have incurred as a result of the accident. They can be further divided into economic and non-economic damages:

Economic Damages

These cover the tangible financial losses you experience, including:

• Medical Expenses: Current and future costs for hospital stays, surgeries, medications, physical therapy, and any required medical equipment.
• Lost Wages: Compensation for income lost due to time off work while recovering from your injuries.
• Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or reduce your ability to earn a living in the future.
• Property Damage: Costs to repair or replace your vehicle and any other damaged property.
• Other Out-of-Pocket Expenses: Costs for travel to medical appointments, hiring help for household tasks, or childcare while you recover.

Non-Economic Damages

These are more subjective losses related to the emotional and physical toll of the accident, including:

• Pain and Suffering: Compensation for physical pain and discomfort caused by your injuries.
• Emotional Distress: Anxiety, depression, or psychological trauma resulting from the accident.
• Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies, activities, or aspects of life you previously enjoyed.
• Loss of Consortium: If your injuries negatively affect your relationship with your spouse or family members.

Punitive Damages

In cases involving reckless driving, punitive damages may also be awarded. These damages are intended to punish the at-fault driver for particularly egregious or reckless behavior and to deter similar conduct in the future. Examples of reckless behavior might include excessive speeding, road rage, or driving under the influence.

How Morgan & Morgan Can Help

If you are facing reckless driving charges, especially felony charges, the stakes are incredibly high. Having experienced legal representation can make a significant difference in the outcome of your case. At Morgan & Morgan, our attorneys have the expertise and resources to:

• Investigate the circumstances of your case thoroughly.
• Gather evidence and interview witnesses.
• Develop a strong defense strategy tailored to your situation.
• Negotiate with prosecutors to reduce or dismiss charges.
• Advocate for your rights in court.

We understand how overwhelming it can be to face serious legal consequences, and we are committed to fighting for the best possible outcome for our clients.

Reckless driving is a serious offense that can have life-altering consequences, especially when it rises to the level of a felony. 

If you or someone you know was injured in a reckless driving accident, contact Morgan & Morgan today for a free case evaluation.