Careless vs. Reckless Driving
All licensed drivers in Florida have a duty to operate their vehicles in a reasonably safe manner every time they are on the roads. This means following the laws and watching out for pedestrians and other vehicles.
When a driver does not follow these laws, it could be considered negligence. Most car accidents are caused by negligent, or careless, driving.
Careless driving means that the driver was disregarding the rules of the road, such as running a red light or forgetting to use turn signals. Speeding is probably the most common form of careless driving. If someone is driving 20 miles or more over the speed limit and they are pulled over in a traffic stop, they will likely be given a speeding ticket for their careless driving. Because it is considered a moving violation, they will be forced to pay a fine and may get points on their driving record.
However, if the speeding results in an accident, that driver may be charged with reckless driving. That’s because speeding poses a serious threat to drivers. In fact, speeding is a factor in about one-third of motor vehicle fatalities. Careless driving is often cited in rear-end collisions and failure-to-yield accidents.
Reckless Driving
Reckless driving refers to driving any vehicle with a willful or wanton disregard for the safety of others. This means that the driver understands that they are engaging in risky behavior but they engage in dangerous behavior anyway. Intent is a factor in these cases, as a driver who is reckless doesn’t care about the safety of others.
Reckless driving comes with strict penalties. In Florida, the first offense can result in 90 days in jail and fines up to $500. A subsequent offense could mean six months in jail and fines up to $1,000. If reckless driving results in damage to property or injury to another person, penalties can include more severe fines, jail time, and possible suspension of your driver’s license.
Examples of reckless driving include:
- Driving at grossly excessive speeds (such as more than 25 miles over the speed limit)
- Weaving through traffic
- Racing
- Passing in no-passing zones
- Driving without considering weather conditions
- Improperly passing a school bus in a loading zone
- Violating multiple traffic laws at once
- Driving under the influence
- Driving on the sidewalk
- Fleeing from law enforcement
Distracted driving can be a wobbler. While it is often classified as a form of careless driving, it can be classified as a form of reckless driving depending on whether it is a first offense or a subsequent offense. A reckless driving charge is also more likely if the distracted driving caused an accident that led to an injury or death.
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Careless driving and reckless driving are two distinct offenses. The offense you could be charged with depends on intent and severity.
Reckless driving is the more severe of the two, and it can lead to jail time, fines, and more. See how a Florida criminal defense lawyer from Linkhorst Law Firm can help you craft a solid defense for the charges you face. To schedule a consultation, fill out the online form or call 561-626-8880.
Source:
elephant.com/blog/whats-the-difference-between-careless-and-reckless-driving