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What Is Reckless Driving and How Does It Impact Liability in a Car Accident?

June 23, 2026

The term “reckless” is used in casual conversation all the time, and every person who says it may have their own idea of what they think it means. But “reckless” is also a legal concept in California, and it can have very specific meanings in various situations. If someone acted recklessly in any situation and their actions caused others to be injured, a personal injury lawyer can often help the injured individuals recover compensation.

Since car accidents are one of the most frequent causes of injuries in California, it is important to understand what reckless driving is in our state and how this criminal violation can affect recovery in civil court.

How Reckless Driving is Defined

Many times, when reckless conduct is described in a criminal statute, it refers to conduct that is either “wanton” or “willful” and shows no regard for the harm that could result to people or property. When an action is willful, it is deliberate or intentional. Actions that are wanton may not be intended to cause problems, but they are extremely careless and unjustified. When someone acts in a manner that is legally reckless, they are behaving as though they have never given a moment’s thought to whether their actions could harm others, and they wouldn’t care even if the possibility were pointed out to them.

Reckless driving is described in these terms. Specifically, Section 23103 of the California Vehicle Code states that “[a] person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” The definition also holds true for someone driving in a parking lot rather than a public road. Although the law is included in the traffic laws rather than the criminal code, reckless driving carries criminal penalties that can include up to 3 months in jail and a fine of up to $1,000.

While these consequences provide some punishment for a person guilty of irresponsible driving, the legal penalties offer no help to anyone who was injured or whose property was damaged by a reckless driver. But the violation can be used to help recovery through a separate legal action.

Civil Justice for Reckless Driving

The motor vehicle laws and criminal court system are designed to encourage safe driving by instilling a fear of penalties. They create punishment for wrongdoers. There is rarely any attempt to provide restitution for harm caused by those wrongdoers. But that restitution can be provided through the civil courts.

In a civil case, someone who has been hurt or suffered another type of loss sues the person or company that caused that loss. Often, the actions that trigger a lawsuit in a car, truck, or motorcycle accident are considered negligent. When a person acts negligently, they fail to use reasonable care. For instance, if a driver caused a rear-end collision because they were adjusting music in the car and failed to notice that the car in front of them slowed down, that would be negligence that caused an accident, and anyone hurt in the accident could seek compensation for their injuries through a personal injury lawsuit.

Reckless behavior is generally considered more wrongful than negligent behavior. So, if someone who is hurt in a car accident can prove that it was caused by reckless driving, it can make it easier to recover compensation.

Reckless Driving Compared with Negligent Driving

In broad terms, negligent driving could be considered making a simple, quick, common mistake, while reckless driving would be someone operating under the principle of “drive it as if you stole it.” But there is often no clear dividing line between negligent and reckless driving.

Some examples of behavior that have been classified as reckless driving include:

There are other types of behavior that reasonable people would consider reckless, but that could be ignored, such as aggressively tailgating at high speeds or swerving back and forth between lanes of traffic without signaling. Insurance companies and attorneys defending these drivers will argue that the driver was not acting in a manner sufficiently excessive to be considered reckless. Unless the accident victim has an attorney who is prepared to use persuasive evidence and arguments to show that the conduct showed a wanton disregard for the safety of others, that driver’s conduct could be excused as ordinary.

While the accident victim and their personal injury lawyers cannot have any impact over what happens in the court that determines whether the driver should be subject to criminal penalties for reckless driving, they can still argue in civil court that the conduct was reckless and the driver should be held accountable for the consequences of their irresponsible behavior.

The outcome in traffic court can be used to support a case for damages in civil court. However, a skilled personal injury lawyer will know how to demonstrate recklessness even if the traffic court fails to convict the driver.

When Reckless Driving Causes Injuries, We Know How to Fight for Maximum Compensation

Reckless drivers often feel entitled and act as if the road belongs to them. These drivers are frequently represented by high-powered legal teams who are very effective at shirking responsibility. Even when the reckless actions cause devastating injuries, skilled defense attorneys can get these drivers off the hook unless the victims are represented by a personal injury lawyer with the right experience and dedication.

At the Law Offices of Benjamin Arsenian, we frequently see the devastation caused by reckless drivers, and we know how to hold them liable for every loss suffered by accident victims. If you or a loved one suffered injuries in a car, truck, or motorcycle accident caused by someone’s irresponsible actions behind the wheel, call us at 714-400-2000 or contact us online for a free consultation to learn what may be possible in your case.

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