What Is Considered Reckless Driving?

What Is Considered Reckless Driving?

Every day on Washington roads, hundreds of people are injured in traffic crashes that could have been prevented. According to the Washington State Department of Transportation, there were more than 6,000 collisions involving aggressive driving in one recent year alone. Many of these accidents were caused not by momentary distractions but by drivers who made dangerous, deliberate choices.

You might not know what reckless driving looks like under Washington law — only that the other driver’s behavior was dangerous and preventable. Whether they ran a red light, tailgated at high speeds, or swerved through traffic, what is considered reckless driving in Washington can shape both the criminal case and your civil claim for compensation.

This distinction matters. It may affect how insurance companies respond, whether a jury sees your case differently, or how much evidence is needed to prove fault. Understanding this legal threshold gives you the power to act.

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Key Takeaways for Types of Reckless Driving

• Reckless driving in Washington involves more than speeding — it includes any behavior showing a willful disregard for the safety of others
• Washington law treats reckless driving as a criminal misdemeanor, not a civil infraction
• A conviction can lead to jail time, fines, license suspension, and long-term insurance rate hikes
• Reckless driving charges often arise after serious crashes, even when alcohol or drugs are not involved
• If you or someone you love was injured by a reckless driver, you may have a strong claim for compensation under Washington civil law

Criminal vs. Civil Consequences After a Reckless Driving Crash

Many people confuse traffic infractions with criminal offenses. But under Washington law, reckless driving is not an infraction — it’s a gross misdemeanor, meaning it carries more severe penalties and lasting consequences.

The legal penalties for reckless driving under Washington law include:

• Up to 364 days in jail
• A fine of up to $5,000
• 30-day mandatory license suspension by the Washington Department of Licensing
• Increased insurance premiums or denial of future coverage
• Possible classification as a “habitual traffic offender” if there are multiple convictions

These consequences can apply even when there is no crash. However, when someone causes a serious injury due to reckless driving, the situation becomes even more serious.

In addition to criminal charges, the injured person may bring a civil personal injury claim against the driver. In this context, the focus shifts from punishment to financial accountability.

Reckless Driving and Civil Injury Claims

Being injured by a reckless driver doesn’t just disrupt your life. It can upend it entirely. In Washington, civil law allows injured victims to file a claim against the at-fault driver to pursue compensation for their losses. This includes not only your physical injuries, but the wider impact the crash has had on your day-to-day life.

The law recognizes reckless driving as a form of negligence — or in some cases, gross negligence — which strengthens your ability to pursue damages. Even if the at-fault driver avoids jail time, their insurance company may still be responsible for covering your medical costs, lost wages, and other damages.

To build a strong case, your attorney may rely on evidence such as:

• Police reports indicating reckless behavior at the scene
• Dashcam or traffic surveillance video
• Eyewitness statements
• Expert reconstruction of the crash dynamics
• Criminal charges or a conviction for reckless driving

In many cases, a criminal conviction for reckless driving can help support your civil claim. It isn’t required, but it may bolster your position in settlement negotiations or trial.

Negligent vs. Reckless Driving: What’s the Difference?

Reckless driving is different from negligent driving, which is a separate offense under RCW 46.61.525. While both are illegal, they carry different levels of seriousness and consequences.

Negligent driving in the first degree (a misdemeanor) typically involves less extreme behavior, such as texting while driving or momentarily falling asleep behind the wheel. Reckless driving, on the other hand, involves a willful disregard for safety — a much higher threshold of fault.

Why does this matter? Because if you were injured in a crash, the classification of the driver’s conduct could impact how insurance companies respond, how aggressively your lawyer can push for compensation, and whether punitive damages may be on the table.

When Does Speeding Become Reckless Driving?

Not all speeding qualifies as reckless driving, but certain types of speeding do. Law enforcement in Washington uses context to make this determination. A driver going 10 miles per hour over the limit on an open highway likely won’t face reckless driving charges unless other dangerous behavior is involved.

But some speeding scenarios are far more dangerous. Here are some examples where speeding might cross the line into reckless driving:

• Driving 90+ mph in a 60 mph zone during heavy traffic
• Speeding in a school zone during drop-off or pickup hours
• Failing to slow down during icy, foggy, or stormy conditions
• Racing another vehicle through city streets

Speed often magnifies other reckless behaviors. When combined with tailgating, weaving, or ignoring traffic control signals, prosecutors are more likely to pursue a reckless driving charge.

The Role of Officer Discretion in Reckless Driving Charges

Washington law gives law enforcement significant discretion when deciding whether to charge someone with reckless driving. This means two drivers could engage in similar conduct, but only one might be charged, depending on how the officer interprets the situation.

Several factors may influence this decision:

• The driver's attitude or behavior during the stop
• Whether the officer believes the driver understood the risk
• Presence of other traffic offenses (e.g., DUI, racing, eluding)
• Severity of the actual or potential harm caused

For injury victims, this discretion can be frustrating, especially if the driver who caused the crash is not held criminally accountable. But civil claims provide another path forward. Even if no charges are filed, the driver may still be liable for the harm they caused, even when jail time or fines aren’t part of the picture. 

Reckless Endangerment vs. Reckless Driving in Washington

Another charge that sometimes overlaps with reckless driving is reckless endangerment, defined under RCW 9A.36.050. This statute makes it illegal to recklessly engage in conduct that creates a substantial risk of death or serious physical injury to another person.

The difference lies in the focus. Reckless driving applies specifically to dangerous conduct behind the wheel. Reckless endangerment applies more broadly and doesn’t necessarily involve a vehicle. However, both charges may apply in the same incident, especially if children, pedestrians, or other vulnerable individuals were involved.

For example, a driver speeding through a crowded parking lot may be charged with both offenses. In the civil context, this type of behavior often supports a strong injury claim.

Civil Liability After a Reckless Driving Crash

When someone’s deliberate or dangerous driving causes an injury, the civil side of Washington law allows you to pursue a personal injury claim. This is separate from any criminal case and focuses entirely on your recovery.

A civil claim aims to hold the reckless driver financially accountable. This includes covering the costs you’ve already faced, such as emergency treatment, follow-up care, lost wages, and property damage, as well as future medical needs, pain, and the emotional toll of the crash.

Because reckless driving involves willful disregard for safety, it often strengthens your case for full and fair compensation. The at-fault driver’s insurance company may push back, especially if they are trying to reduce their financial exposure. But Washington law does not allow someone to escape liability simply because the behavior was also criminal.

How Reckless Driving Affects Insurance Claims

Insurance companies get involved quickly whenever their policyholders are in a crash, especially one that results in injuries. Their goal is to minimize what they pay, not to help you understand your options. If reckless driving is involved, insurers may become even more aggressive, trying to shift blame or cast doubt on your injuries.

Here are a few ways reckless driving can impact your insurance claim:

• The driver’s insurer may deny responsibility until fault is proven.
• Your damages may exceed policy limits, especially in catastrophic injury cases.
• If you carry underinsured motorist (UIM) coverage, it may come into play.
• A criminal conviction for the driver can support your civil claim.
• Insurance adjusters may ask for recorded statements, which can be used against you.

You are not required to provide a recorded statement to the other party’s insurer. It’s best to let an attorney handle all communication with insurers on your behalf, especially if reckless driving was involved.

When Reckless Driving Leads to Wrongful Death

In the most tragic cases, reckless driving ends a life. The ripple effects are immediate and lifelong, not only emotionally, but financially as well. Surviving family members are left with grief, funeral costs, lost income, and countless unanswered questions.

Washington’s wrongful death statute (RCW 4.20.010) allows certain surviving relatives to file a claim when someone dies as a result of another person’s misconduct. In reckless driving cases, this may apply when:

• A driver runs a red light and kills a pedestrian
• A speeding vehicle crashes into another car, killing a passenger
• A motorcyclist is struck by someone weaving through traffic
• A child is hit while walking near a school zone

The law permits the spouse, children, or, in some cases, parents or dependents of the deceased to pursue financial compensation. Wrongful death settlements or court awards can help provide financial stability and justice in an otherwise devastating time.

Pure Comparative Negligence in Washington

Washington follows a legal rule called pure comparative negligence under RCW 4.22.005. This rule can affect how much compensation you receive, especially if the at-fault driver tries to claim you were partly to blame for the crash.

If you are found to be partially at fault, you may still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you were 10% at fault for the accident, then your total reward will be reduced by 15%. 

Insurance companies often exploit this rule to reduce payouts. They may argue that your injuries were worse because you weren’t wearing a seatbelt, or that you were speeding slightly when the crash happened. A knowledgeable attorney can push back against these tactics with strong evidence and protect the value of your claim.

FAQs for Reckless Driving in Washington State

Injured by a Reckless Driver in Washington? 

At Ye Law Firm Injury Lawyers, we understand how devastating reckless driving injuries can be because we’ve helped many injured clients throughout Washington rebuild their lives after serious crashes. We proudly serve accident victims and their families in Federal Way, Bellevue, Tacoma, Lakewood, and all surrounding areas with compassionate, bilingual representation in English, Korean, and Spanish.

Attorney Chong H. Ye has dedicated his life to helping people who have been overlooked or mistreated by the system. After watching his own parents suffer through poor legal care following an accident, he committed to doing things differently — with empathy, compassion, and an unwavering commitment to justice.

You don’t have to take on this fight alone. If someone’s reckless choices have hurt you or your family, we’re here to help. Call Ye Law Firm Injury Lawyers at (253) 946-0577 or contact us online for a free consultation. We’ll listen, answer your questions, and handle everything from start to finish, so you can focus on healing.

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