A reckless driving crash is a crash in which the other driver chose to disregard safety, and Texas law defines that choice in Transportation Code § 545.401. The criminal charge and the injury claim are separate cases with separate proof. A reckless driving charge can help an injury claim, but it does not decide one, and whether it reaches the civil standards for exemplary damages is a question for counsel.
The short version
- The statute is about state of mind. Section 545.401(a) makes it an offense to drive with wilful or wanton disregard for the safety of others.
- The offense is a misdemeanor. Subsection (b) sets a fine of not more than $200, up to 30 days in county jail, or both.
- A charge is not a civil verdict. The injury claim has to prove its own facts, and the evidence rules for using a charge are for counsel.
- Exemplary damages need more. Civil Practice and Remedies Code § 41.003 requires clear and convincing proof of fraud, malice or gross negligence.
- Your own share still counts. Under § 33.001, a claimant may not recover if their percentage of responsibility is greater than 50 percent.
What does Texas law say reckless driving is?
Under Transportation Code § 545.401(a), a person commits the offense of reckless driving by driving a vehicle in wilful or wanton disregard for the safety of persons or property. The definition names a state of mind and does not require a crash or an injury to be an element of the offense.
The statute’s text reads: “A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property” (Tex. Transp. Code § 545.401(a), read today on the Texas Legislature’s site). The definition does not list specific maneuvers. The words that decide the offense are about the driver’s disregard for safety. Phone use is treated separately in the Texas texting and driving law article.
That is why each crash turns on its own facts. A driver who was fast on an empty road and a driver who was fast through a crowded intersection may both be described as driving recklessly, and the evidence about what each knew and chose is what separates them. Our page on Houston distracted driving accidents covers one common pattern, and drunk driving victims in Houston covers another. Our failure to stop accident page covers a third.
Is reckless driving a crime in Texas, and what can it cost?
Yes. Section 545.401(b) makes reckless driving a misdemeanor carrying a fine of up to $200, up to 30 days in county jail, or both. The section does not make the offense a felony, and it does not require a crash to have occurred.
The statute’s penalty subsection reads: “An offense under this section is a misdemeanor punishable by: (1) a fine not to exceed $200; (2) confinement in county jail for not more than 30 days; or (3) both the fine and the confinement” (Tex. Transp. Code § 545.401(b)). The statute does not use the term “Class C,” so the classification should be confirmed with counsel rather than assumed from this section alone.
| Rule | What the text provides | Source |
|---|---|---|
| The offense | Driving a vehicle in wilful or wanton disregard for the safety of persons or property | Transp. Code § 545.401(a) |
| Penalty | Misdemeanor: fine of not more than $200, county jail for not more than 30 days, or both | § 545.401(b) |
| Where it applies | A highway or other public place, and a private access way or parking area provided by a business for a client or patron, other than private residential property | § 545.401(c) |
| Civil standard for exemplary damages | Fraud, malice or gross negligence, proved by clear and convincing evidence | Civ. Prac. & Rem. Code § 41.003(a) |
The reach of the section is wider than a public road. Subsection (c) applies it to a highway or other public place, and to a private access way or parking area provided for a client or patron by a business, other than private residential property. A crash in a business parking area can therefore fall under the same section as one on a highway. For the kinds of crash the firm takes on, see the car accident practice page.
Does a reckless driving charge decide a civil injury claim?
No. A charge is an accusation under the criminal statute, and an injury claim is decided on its own proof, against its own standards. Whether a charge, ticket or plea can be used as evidence in the civil case, and how much weight it would carry, are questions for counsel under the evidence rules and the facts.
The two proceedings answer different questions. Section 545.401 asks whether a person drove in wilful or wanton disregard for safety. A personal injury claim asks what harm the driver caused, whether the conduct was negligent or grossly negligent, how responsibility is divided among the people involved, and what damages follow. The same crash can produce a charge and still leave the civil questions open.
Where a prosecution goes forward in Harris County, the District Attorney’s Victim Impact Statement page says prosecutors may use a victim’s statement to decide how much restitution, meaning money paid to the victim, to request as part of a sentence. That request belongs to the criminal case and runs on a separate track from the injury claim.
Recent Houston reporting shows how a charge is described publicly. On October 12, 2026, Click2Houston reported that a police chase involving a stolen vehicle ended with the car going airborne and crashing into a vacant building in southeast Houston, leaving two people injured. It reported that the Houston Police Department says the driver faces charges of felony evading, unauthorized use of a motor vehicle and reckless driving. Those are charges, and the story does not report a conviction. A driver who leaves the scene raises different questions, covered on our hit and run page. Crashes that cause a death are covered separately on our fatal car accident page.
What is gross negligence in a reckless driving claim?
Texas defines gross negligence in Civil Practice and Remedies Code § 41.001(11) as an act or omission that involves an extreme degree of risk, and of which the actor has actual, subjective awareness but proceeds with conscious indifference to others. Whether a particular crash meets that test is a question for counsel on the facts of that crash.
The definition reads: “an act or omission: (A) which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and (B) of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others” (Tex. Civ. Prac. & Rem. Code § 41.001(11)).
The civil definition and the criminal phrase “wilful or wanton disregard” both turn on awareness of risk, but they are different legal tests. Nothing on this page says that a given crash meets either one. Our guide to proving gross negligence in a Texas truck accident shows how that evidence is gathered in larger cases, and the same kinds of records apply to a passenger car crash.
When can exemplary damages apply after a reckless driving crash?
Exemplary damages require the claimant to prove by clear and convincing evidence fraud, malice or gross negligence, under Civil Practice and Remedies Code § 41.003(a). Ordinary negligence is not enough, and the statute also limits the amount through § 41.008. Those rules are flagged for counsel.
Section 41.003(b) states that the burden “may not be shifted to the defendant or satisfied by evidence of ordinary negligence, bad faith, or a deceptive trade practice” (Tex. Civ. Prac. & Rem. Code § 41.003(b)). Section 41.004(a) adds that, subject to its subsection (b), exemplary damages may be awarded only if damages other than nominal damages are awarded.
Exemplary damages are a separate question from compensation for medical bills, lost income and pain. They carry the higher standard, and the cap in § 41.008(b) is the greater of two times the economic damages plus the noneconomic damages found by the jury, not to exceed $750,000, or $200,000, which is a calculation for counsel. Whether a reckless driving charge is admissible on malice or gross negligence is also a question for counsel and is not answered here. For a death, see our Houston wrongful death suits page. For how the compensatory side is valued, see claim valuation in Houston and the types of damages a car accident claim can seek.
How does shared fault affect a reckless driving claim?
The other driver’s recklessness does not take your own share of blame off the table. Under Civil Practice and Remedies Code § 33.001, a claimant whose share passes half of the responsibility recovers nothing, so an insurer may still press a shared-fault point against a driver who was reckless.
The statute states the rule in one sentence (Tex. Civ. Prac. & Rem. Code § 33.001), and the rest of the chapter governs how responsibility is measured. A reckless driver’s conduct can make the other side’s share of responsibility larger, but the percentage is a finding about the whole crash. It is not a result that follows automatically from the charge.
Shared fault arguments often come up in multi-vehicle crashes, where each driver’s share has to be sorted out. Crashes involving a motorcycle or a pedestrian can raise the same questions. Our article on liability in multi-car accidents explains how that sorting works. For the comparative negligence rules in more detail, see how personal injury lawyers combat comparative negligence in Texas.
What evidence matters after a reckless driving crash?
The crash report, any charge the agency filed, witness accounts, recordings from nearby businesses or traffic cameras, and the damage pattern on each vehicle. Ask for recordings early, because a request sent later may come too late.
Start with the police report and the names of anyone who saw the driving. Witnesses are often the people who describe the speed, the lane changes or the signal that was ignored. Our witness guide covers that step in more detail.
Driving patterns that lead to a reckless charge often leave a trail beyond the crash itself. Phone records, prior citations and the driver’s statements to police can all matter, and the rules for getting them differ. Commercial vehicles add records of their own; see key evidence for an 18-wheeler accident claim. Our page on distracted driving accidents in Houston covers how phone use is investigated, and our article on the most dangerous roads and intersections in Houston covers where many of these crashes happen.
When should you talk to a car accident attorney after a reckless driving crash?
Soon after the crash, while the evidence is still fresh and before you give any insurer a recorded statement or accept an offer. A reckless driving crash can involve serious injuries, a criminal case and several insurers at once, which is why the first consultation should happen early.
The first consultation is free, and under the firm’s contingency arrangement a fee is owed only if the firm recovers money for you. Bring the police report, the names of witnesses, your medical bills and every letter you have received from an insurer. Our guide to preparing for a case evaluation lists the rest, and the questions to put to any firm before you hire it help you compare them.
If you were hurt, the best next step is a conversation about your own facts. Reach out through the contact page and say what happened. For a broader view of the claim process after a Houston crash, the Houston car accident FAQ answers the most common questions, and our Houston auto accident page covers the practice more widely.
Frequently asked questions
What is considered reckless driving in Texas?
Under Transportation Code section 545.401(a), a person commits the offense by driving a vehicle in wilful or wanton disregard for the safety of persons or property. The statute does not list specific speeds or maneuvers as the test.
Is reckless driving a felony in Texas?
No. Section 545.401(b) makes it a misdemeanor punishable by a fine of not more than $200, confinement in county jail for not more than 30 days, or both.
Is reckless driving a Class C misdemeanor in Texas?
The section says it is a misdemeanor and states the penalties. It does not use the term Class C, so the classification should be confirmed with counsel before anyone relies on it.
How much is a reckless driving ticket in Texas?
Section 545.401(b)(1) sets the fine at not more than $200. The section does not state court costs or other charges, so the total a person pays can differ from the fine.
What is gross negligence under Texas law?
Civil Practice and Remedies Code section 41.001(11) defines it as an act or omission involving an extreme degree of risk, of which the actor has actual, subjective awareness, and proceeds with conscious indifference to others. Whether a particular crash meets that definition is a question for counsel.
Can exemplary damages be awarded in a reckless driving crash case?
Only if the claimant proves fraud, malice or gross negligence by clear and convincing evidence under section 41.003(a), and only if damages other than nominal damages are awarded. Amount limits in section 41.008 apply, and counsel should review them for the facts of a given case.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.