Reckless driving is a serious offense that endangers everyone on public highways. Under New York Vehicle and Traffic Law § 1212, it’s defined as driving in a way that interferes with others' free and proper use of roadways or puts others at risk. As a misdemeanor offense, reckless driving in New York can have severe consequences, especially if it causes serious injuries. If you or a loved one has been injured by a reckless driver, contact a Long Island car accident lawyer to protect your rights.
Examples of Reckless Driving
New York vehicle and traffic law is vague about what constitutes reckless driving; here are common examples of reckless disregard for others' safety and dangerous behaviors:
Speeding
In New York, speeding is a traffic offense, but it is not automatically reckless driving. State law (§ 1180) prohibits unsafe speeds, exceeding speed limits, or failing to slow for hazards. The attending law enforcement officer can determine whether the speeding behavior rises to the level of reckless driving based on the circumstances, including the posted speed limit.
Driving Under the Influence
Drunk driving in New York is often classified as reckless driving. A first driving while intoxicated (DWI) offense typically results in a license suspension for six months or more.
Driving in the Wrong Direction
A careless driver may enter a one-way street without noticing the signs, causing them to drive against oncoming traffic.
Distracted Driving
Distracted driving, including using cell phones, eating, or applying makeup while driving, is a growing cause of accidents because it takes the driver's focus off the road.
Swerving In and Out of Traffic Lanes
Some drivers move back and forth between lanes at high speed, often without a signal.
Striking or Nearly Striking Pedestrians
A driver who hits a pedestrian can face civil and criminal consequences.
Failure to Observe Traffic Signs or Signals
Disregarding or not complying with posted traffic control devices, such as stop signs, yield signs, or traffic lights, can lead to a reckless driving charge.
Running a Police Barricade
Whether police set up a sobriety checkpoint or a barricade for other purposes, failing to stop is reckless driving.
Penalties for Reckless Driving
In New York, reckless driving has serious consequences for a motorist's driving record, including:
Getting Points on a Driver's License
In New York, reckless driving is five points on the driver's license for each conviction.
Getting a Criminal Record
Reckless driving is a criminal offense. Having a permanent criminal record can negatively affect your future, making it harder to find a job, get into college, or secure housing.
Paying Steep Fines
Here’s a summary of New York Vehicle & Traffic Law § 1801: Penalties for Misdemeanors.
- General Penalties:
- First Conviction: Fine up to $300, imprisonment up to 30 days, or both
- Second Conviction (Within 18 Months): Fine up to $525, imprisonment up to 90 days, or both
- Convictions from Third or Subsequent Offenses (Within 18 Months): Fine up to $1,125, imprisonment up to 180 days, or both
- For reckless driving (§ 1212): a fine of at least $100
Serving Jail Time
Reckless driving (a misdemeanor) often leads to jail time. A first offense can result in up to 30 days in jail, while a third offense can lead to a sentence of up to six months.
Paying New York State Surcharges
A reckless driving conviction includes a state surcharge. The mandatory surcharge is $175 for a misdemeanor and $300 for a felony.
Paying the Driver Responsibility Assessment Fee
New York drivers who get 6 or more points of traffic violations in 18 months are assessed a Driver Responsibility Assessment fee (DRA) to be paid over a period of three years. The DRA is $300 plus $75 for each point above six.
Potential Driver's License Suspension
Judges have significant discretion in suspending a driver's license for reckless driving convictions. A suspension of driving privileges can result from accumulating 11 or more points, such as from one reckless driving citation and two red light tickets (3 points each)—which triggers a DMV suspension.
Other Impacts of Reckless Driving Cases
In addition to the penalties imposed by New York State, there are additional consequences for driving a motor vehicle recklessly. These can include:
Increased Insurance Premiums
Most moving violations will impact your auto insurance premiums. Your car insurance rates after a reckless driving ticket may increase anywhere from 19% to 115%, depending on your car insurance company. In New York, the average rate increase in 2023 was 40% for drivers convicted of reckless driving. Also, since a reckless driving ticket is a criminal offense, the reckless driving charges can affect homeowners' and life insurance premiums.
Job Applications
A reckless driving conviction is a criminal offense and must be reported on job applications asking about criminal records, unless the application only requests felonies. If the conviction is a misdemeanor and felonies are not required, it does not need to be disclosed.
School Applications
Most colleges ask about criminal convictions on their applications. A criminal record can negatively affect your chances of getting into a university or receiving a scholarship.
Underage Reckless Driving
An underage driver caught driving recklessly without a license can be charged with both offenses. This criminal misdemeanor remains on their record permanently, which can negatively impact future job and school applications. Penalties include up to $600 in fines and a possible 30-day jail sentence. Additionally, the conviction will increase their insurance premiums once they obtain a license and could even affect the person's driving privileges.
Reckless Driving for the CDL Driver
Commercial drivers in New York face penalties for reckless driving, including the possible suspension of their CDL license. A first offense typically does not result in suspension, but a second offense within three years leads to a 60-day suspension, and a third offense within three years results in a 120-day suspension.
Accidents and Injuries Caused by Reckless Drivers
Your Personal Injury Protection (PIP) benefits pay for your initial medical bills and lost wages after a crash under New York's no-fault system. When a reckless driver causes severe harm, your costs can quickly grow past those basic limits. If your medical expenses or injuries exceed what your PIP policy covers, you have the right to hold the at-fault driver directly liable for the damage they caused. We will guide you through this legal process and handle the frustrating paperwork, so you can get the full compensation you deserve.
Reckless Driving and Punitive Damages
The law makes it extremely difficult to obtain punitive damages in a personal injury lawsuit. Punitive damages are only awarded in personal injury cases when a driver’s behavior goes beyond negligence and shows willful or wanton disregard for the safety of others—conduct often seen in reckless driving. Courts may grant punitive damages in a car accident case involving drunk or drugged driving, excessive speeding, street racing, or other egregious actions that put others at significant risk. While the bar for these damages is high, reckless driving frequently meets the strict standard required for such compensation.
Talk to a Car Accident Attorney Today
If you or your loved ones were injured in an accident caused by reckless or dangerous driving, don’t face the insurance companies alone. Contact Rosenberg & Gluck, LLP today for a free consultation with an experienced lawyer who will review your case, outline your legal options, and answer your questions.