Careless driving is a civil moving violation that is similar to speeding. Many actions are placed under the careless driving umbrella, such as drifting between lanes, not using turn signals, etc. Reckless driving is a willful disregard for the safety of others and depending on the circumstances can lead to an SR22 insurance requirement.

What Constitutes Careless Driving?

When it comes to determining what careless driving is in the eyes of the law, it comes down to the intent of the driver. The result of the carelessness may also be taken into account. Some examples of careless driving include:

• The driver holding a cell phone
• Falling asleep at the wheel
• Not obeying traffic signs
• Not using turn signals
• Illegally changing lanes
• Speeding
• Excessive honking
• Aggressive driving
• Distracted driving

What are the Penalties for Careless Driving?

While ultimately laws vary from state to state, careless driving is generally considered a moving violation. It isn’t usually considered a criminal offense. It’s possible this could happen if damage to property or people is involved as a consequence to the careless driving, however.

• The driver will receive points on their license (states will vary)
• Community service may be ordered
• Driving school may be ordered
• The driver will have to pay fines
• May cause insurance rates to increase

What Constitutes Reckless Driving?

Between careless and reckless driving, the reckless variety is the more serious of the two. While every state defines reckless driving in their own way, it boils down to the driver driving with intention to put others in danger. With reckless driving, there is a “willful or wanton disregard” for other people and their safety.

• Crossing over the center line and driving into oncoming traffic
• Driving on a sidewalk or pedestrian area
• Driving onto the shoulder and endangering people and other drivers
• Making an illegal U-turn on a ramp or other location that implicitly puts others’ lives in danger
• Drag racing
• Driving under the influence of drugs or alcohol
• Speeding (note: if damage to property or harm to others is caused by speeding, the state may see it as reckless as opposed to careless)
• Passing on blind curves
• Driving around railroad barriers
• Passing school buses that have their stop signs down
• Running a red light
• Distracted driving if harm or damage is involved (for example: texting that causes an accident)

Is Distracted Driving Considered Reckless Driving?

When people think of distracted driving, they usually think of driving and texting. However, there are many more ways to be distracted while behind the wheel, though texting has proven to be the deadliest. If the activity engaged by the driver causes an accident, law enforcement may charge them with reckless driving as opposed to careless. Examples of distracted driving include:

• Using the GPS
• Dealing with pets and children in the car
• Adjusting the radio
• Adjusting the climate controls
• Daydreaming (not paying attention to the traffic and road)
• Grooming: combing/brushing hair, applying makeup
• Smoking
• Being sad, angry, even overly happy can distract a driver from the task at hand
• Eating & drinking
• Talking to the other people in the car
• Texting
• Talking on the phone – hands-free and handheld, both are distracting
• Driving through a police barricade or running from a police vehicle

What are the Penalties for Reckless Driving?

It depends on the violation and varies by state; some reckless driving charges are classified as misdemeanors, while others come with a heavy weight of a felony, especially if injury or death is the result.

• The driver will receive points on their license
• The driver may receive jail time – and ultimately imprisonment, depending on the outcome
• Heavy fines
• The driver may be looking at a criminal record
• Expensive surcharges
• An increase in insurance premiums and possible SR-22 requirement

Are There Lasting Impacts of Reckless Driving?

A reckless driving conviction is not something that you can brush off easily. It stays with you legally, financially, and interpersonally.

• Considerable damage to reputation. Employers, friends, and even family members may treat the driver differently after they have been arrested and/or convicted of a reckless driving charge. It can put the driver in an unsavory light when trying to find a job and can stain interpersonal relationships with a lack of trust and faith.
• The driver may lose their job. There are many more jobs that require driving than ever before. If convicted of reckless driving, the individual with a job that involves driving may be let go.
• Permanent criminal record that will follow the driver throughout their life.

The best way to avoid getting a careless or reckless driving charge is to obey the traffic laws, always be patient and mindful when on the road, and know your own limitations when driving.