Reckless driving is a major cause of unnecessary crashes, injuries, and deaths on Texas roads, and the law treats it as a serious offense. Recent legislation enhances the punishment, allowing perpetrators to face more severe charges. Below, we outline what you need to know about reckless driving and Texas law in 2025.
How Texas Law Defines Reckless Driving
The word “reckless” can have different meanings in everyday conversation, but Texas law defines it clearly. Under Texas Penal Code § 6.03, a person is reckless when they know their actions could hurt someone but choose to ignore the danger.
Texas Transportation Code § 545.401 applies this idea specifically to driving, defining reckless driving as driving with “willful or wanton disregard for the safety of persons or property.” In simple terms, this means the driver understands the risk but still decides to drive in a dangerous way.
In Texas, reckless driving means knowing your actions are unsafe and choosing to drive that way anyway.
What Kinds of Actions Count as Reckless Driving?
All drivers owe a duty of care to everyone else on the road. This means they must act in a reasonable way to prevent or avoid harm to others. Many accidents happen because a driver was negligent—like failing to use a turn signal or pulling out without checking for traffic. These behaviors are unsafe, but they may not rise to the level of recklessness.
However, certain actions clearly show willful disregard for others’ safety. These acts usually meet the legal definition of reckless driving, including:
- Exceeding posted speed limits by 25 mph or more
- Tailgating
- Running stop signs or red lights
- Racing on public roads
- Brake-checking other drivers
- Holding and using a cell phone while driving
- Weaving in and out of traffic
- Cutting off other drivers without signaling
- Driving under the influence of alcohol or drugs
- Evading law enforcement
Many of these actions can increase the harm to others in a crash. Driving too fast, cutting others off, or driving while impaired contribute to increased impact forces in an accident. Victims may suffer serious injuries or death, opening the door to extremely severe charges for the reckless driver.
When reckless driving harms others, the driver may face both criminal charges and civil liability for the damage they caused.
Reckless Drivers in Texas Receive Harsh Criminal Penalties
If the driver was also drunk or on drugs, they may face DWI charges, which bring even stronger penalties. If someone was hurt while the driver was acting recklessly, the driver could be charged with a felony, which is a much more serious crime.
For example, a reckless driver may be charged with having a weapon as a felon, or with vehicular manslaughter if someone is killed. These crimes can lead to long jail or prison sentences and large fines.
Potential Enhancements to Reckless Driving Charges
Two bills introduced in early 2025 propose tougher penalties. If passed, these laws would make reckless driving a more serious offense and, in some cases, a felony.
Texas Senate Bill 1088
Under Texas Senate Bill 1088, if the evidence at trial shows any of the following factors, the charge could be raised to a Class B misdemeanor:
- Causing bodily injury during a collision
- Driving 20 mph or more above the speed limit in an urban area
- Driving 30 mph or more above the speed limit in a rural area
- Using a portable wireless device, such as a cell phone, while driving
Texas Senate Bill 2799
Under Texas Senate Bill 2799, this proposal would make causing bodily injury through reckless driving a state jail felony. If the victim suffers serious bodily injury, the charge would increase to a third-degree felony. Under Texas law, serious bodily injury means an injury that poses a risk of death, causes permanent disfigurement, or results in long-term loss of organ or limb function.
Neither bill has passed yet, but state leaders are still discussing them.
Societal Consequences of Felony Driving Convictions
The Department of Public Safety may suspend or revoke the driver’s license. Courts may also require aggressive-driving or distracted-driving education programs.
Drivers convicted of reckless or impaired driving often face higher insurance premiums. Some must purchase SR-22 insurance, which is expensive and required for high-risk drivers. If a person’s job involves driving, they may be demoted or fired.
Employment after prison can be difficult, and many fields will not hire someone with a felony.
Felons also lose several rights:
- The right to vote
- The right to possess firearms
- The ability to obtain certain professional licenses
Additionally, housing options may also be limited, and personal relationships often become strained.
A felony driving conviction can follow someone for years, affecting their job, housing, rights, and future opportunities long after the sentence ends.
Potential Civil Penalties for Reckless Drivers
In addition to spending time behind bars and paying steep fines, people injured by a reckless driver can file a claim against the driver’s auto insurance. Texas law requires all drivers to carry liability insurance to cover bodily injury and property damage they cause.
If the reckless driver has no insurance or not enough to cover the losses, the victim may file a personal injury lawsuit directly against the driver. These lawsuits help victims recover compensation for medical bills, lost wages, car repairs, pain and suffering, and more.
Recourse for Victims of Reckless Driving
If you or a loved one was injured by a reckless driver, you have the right to pursue compensation for your losses. You may recover damages for medical costs, lost income, pain and suffering, property damage, and more.
To learn more about how to begin the process, contact a Houston car accident lawyer at The Krist Law Firm, P.C., to arrange a free consultation.
