What Is Considered Reckless Driving?

Reckless driving is something that nearly every American has encountered at some point in their lives, whether it’s running a red light, speeding, or weaving in and out of traffic. Nonetheless, it can be difficult to define reckless driving from a legal standpoint, unless you know what you’re looking for. Below is a breakdown of specific scenarios that constitute reckless driving, so you can not only avoid it but also protect your legal rights and safety while on the road.

What is Reckless Driving in South Carolina?

The term “reckless” can be used to describe a wide range of behaviors, but when it comes to driving, the law makes it very clear. Because reckless driving is a national issue that claims the lives of tens of thousands of individuals every year, every state has responded with its own statutes regarding what can be considered reckless driving.

Reckless driving in South Carolina is defined as any action that is conducted with “wanton and willful disregard for the safety of others” while operating a vehicle. In other words, if a driver does something they know to be dangerous to others and does it anyway. This is different from ordinary negligence or just making a careless mistake.

Everyone has had a moment where they braked too late or merged too quickly. Reckless driving is a step far beyond that and involves actions that any reasonable person would see as high-risk.

Common Examples of Reckless Driving

One aspect that can make it difficult for some to pinpoint what reckless driving actually involves is the fact that it’s not defined by one individual action. Rather, reckless driving can include (or combine) many different behaviors that put others at risk. A few examples include:

Speeding

Speeding is one of the most prevalent causes of traffic-related deaths in South Carolina, contributing to approximately a thousand fatalities every year. However, it’s important to distinguish that there’s a difference between going a few miles over the speed limit and racing through traffic. While the first example still can injure or even kill someone, remember that reckless driving is defined by wanton and willful disregard for the safety of others, and not all incidents of speeding will fit this definition.

Driving Under the Influence

According to the South Carolina Department of Public Safety, almost half of all traffic-related deaths in the state involve a drunk driver. But alcohol isn’t the only risk. Drivers can be impaired by many other substances, both legal and illegal. Regardless of the type of drug involved, these incidents are often considered reckless driving and may be charged as such.

Distracted Driving

Distracted driving includes texting, engaging in conversation, or any activity that takes your hands off the wheel or eyes off the road. This is another big issue in South Carolina that contributes to thousands of crashes every year. Recent laws, such as the South Carolina Hands-Free Law, have been passed to combat the issue. However, in addition to these new statutes, an individual may also be charged with reckless driving if the incident also involved endangerment to others.

Careless Maneuvering

Some dangerous maneuvers, such as brake-checking, tailgating, cutting people off, or weaving in and out of traffic, can lead to a reckless driving charge if they clearly put others at risk. Whether a specific action qualifies depends on the circumstances, including how it affects other drivers and the overall danger created.

What Are the Consequences of Reckless Driving in South Carolina?

If a driver is charged with reckless driving in South Carolina, it’s typically treated as a serious criminal offense. Even a first-time incident of reckless driving can come with serious consequences, including up to a $200 fine and 30 days in jail (SC Code § 56-5-2920). You may also receive six points added to your license and a suspended license for several months.

However, this is only after the first incident, and assuming there are no other aggravating factors. If someone is killed or injured as a result of a reckless driving incident, or if other charges are added (such as speeding or driving under the influence), the perpetrator may face much more serious charges that may result in years in prison or permanent revocation of their license.

In addition to criminal charges, the driver may also face civil charges. If a person was injured or killed due to the incident, they (or their family) have the right to sue for compensation for their medical bills and other damages through a personal injury lawsuit. Civil and criminal cases can run simultaneously, and they operate independently of each other.

Lastly, if a person is found guilty of reckless driving (and they’re still able to keep their license), their insurance provider will often increase their premiums or even drop them from the policy altogether.

What if a Reckless Driver Hits Someone?

When a reckless driver hits someone who themselves is following the law, the consequences can be life-changing. Victims of reckless driving accidents often face not only the physical and emotional pain of the injury but also thousands of dollars in medical bills, lost income, and other financial damages.  Meanwhile, families who have lost a loved one must not only contend with the immense grief but with the permanent loss of support that loved one would have provided.

However, victims and families are not without recourse. They have the right to pursue a personal injury lawsuit to recover compensation for these physical, emotional, and financial hardships. In many instances, liability is also clearer in reckless driving cases, especially when the perpetrator has been found guilty of criminal charges.

There can still be challenges when it comes to negotiating with insurance, collecting evidence, and even managing paperwork and filing deadlines, which is why it’s still important to seek legal help throughout the process.

What to Do If You’re Hit by a Reckless Driver

Reckless driving accidents can be severe and chaotic, but the steps you take immediately afterward can greatly affect your health and your legal rights.

1. Prioritize Safety and Medical Care

• Call 911 immediately if anyone is seriously injured or if there’s a risk of further harm.
• Request an ambulance for any injuries that may require emergency care.

If emergency medical care isn’t needed at the scene, see a doctor as soon as possible afterward. Some injuries feel minor at first but can worsen in the hours and days following the collision.

2. Contact Law Enforcement

• If the situation is not life-threatening, call the local police line to report the accident.
• The police will conduct an investigation and create a traffic accident report.
• Answer questions honestly, but:
• Avoid guessing or speculating.

Do not make statements that could be interpreted as admitting fault.

3. Document the Scene

If it’s safe to do so:

• Take photos and videos of:
• Vehicle damage
• Road conditions and debris
• Skid marks, traffic signs, and signals
• Visible injuries

Exchange information with:

• The other driver (name, contact, insurance, license plate)
• Any witnesses (names and contact details)

4. Notify Your Insurance Company

• Report what happened to your insurance company as soon as you can.
• Stick to the facts and do not speculate about fault or your injuries.
• Remember that anything you say could affect how your claim is handled.

5. Consult a Personal Injury Lawyer

Once your immediate medical needs are addressed, consider contacting a South Carolina car accident lawyer.

Many personal injury attorneys offer free consultations to:

• Review the facts of your case
• Explain your rights and options
• Answer questions about the claims process

Reaching out early can help ensure important evidence is preserved and deadlines are met.

6. Keep Detailed Records

Throughout the process, maintain an organized file of:

• Medical records and hospital bills
• Police and traffic reports
• Communications with insurance companies
• Mechanic or repair estimates and invoices
• Other documents related to the incident and your injuries

Why Acting Quickly Matters

Both medical and legal issues are time sensitive:

• Medical: Some injuries may seem minor at first, but can become serious if left untreated. Early evaluation helps protect your health and creates a clear record linking your injuries to the crash.
• Legal: Evidence is strongest early on. Over time:
  • Witness memories can fade or become less reliable.
  • Surveillance footage may be deleted or recorded over.
  • Physical evidence at the scene can disappear.

By seeking medical attention promptly, documenting the accident, and consulting a lawyer early, you give yourself the best chance of protecting your health and pursuing a successful claim.

Reckless Driving Comes with a Heavy Price

Anyone who’s suffered a reckless driving accident knows that these incidents frequently result in devastating injuries, significant emotional trauma, and financial hardship. And in South Carolina, they are, sadly, far too common. Fortunately, knowing what reckless driving looks like can make it easier for victims if they decide to pursue damages through a personal injury lawsuit, especially if they are able to provide proof through traffic reports or other forms of evidence and secure legal guidance early on. Though the accident itself can be life-changing, the law takes reckless driving seriously, and the more diligent you are in taking the steps above, the more likely it will be that you will be able to secure the resources you need to recover and move on.