Getting a reckless driving charge typically involves actions that show a blatant disregard for the safety of others on the road. Distracted driving, while dangerous and potentially leading to accidents, does not always rise to the level of recklessness required for a reckless driving charge.
While a distracted driver may get cited for reckless driving, especially if their actions result in an accident or pose a severe danger to others, the elements of each offense are different.
What constitutes distracted driving?
Distracted driving involves anything that takes a driver’s focus from the primary task of operating the vehicle safely. These distractions can be broken down into three main categories:
Visual distractions, which involve taking your eyes off the road, such as when:
- Glancing at a text message or notification on your phone
- Looking at a GPS device or map
- Checking on passengers, especially children or pets
Manual distractions, leading to you taking your hands off the wheel, such as when:
- Eating or drinking while driving
- Adjusting the radio, air conditioning or other controls
- Reaching for items in the car, like a bag or sunglasses
Cognitive distractions, causing your mind to stray off driving, such as when:
- Engaging in an intense conversation, either with passengers or on the phone
- Daydreaming or being lost in thought
- Worrying about personal issues or other concerns
Each of these distractions can impair your ability to react quickly to changing road conditions, making distracted driving a major risk factor for accidents.
What is reckless driving?
Reckless driving, while it may involve distractions, is defined by a willful disregard for the safety of others. Common examples include:
- Excessive speeding: Driving far above the speed limit.
- Aggressive maneuvers: Tailgating, weaving through traffic.
- Ignoring traffic laws: Running red lights, failing to yield.
- Racing: Participating in street races on public roads.
These actions are not just careless; they show a blatant disregard for the rules of the road and the safety of others. As a result, reckless driving charges are typically more severe, carrying harsher penalties and legal consequences. That’s why it’s so important to seek legal guidance.
