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When behind the wheel, it is essential to remain vigilant and drive responsibly to prevent collisions with other vehicles, objects, and pedestrians. Although accidents can occur at no fault of either party, they can be prevented by upholding precautionary measures. Suppose you are at fault for an accident due to a lack of responsibility and negligence; you may be liable for the damages caused to the victim(s). Depending on the accident’s severity and specific details about your case, you can be charged with fines or even face jail time. Although “careless driving” and “reckless driving” are terms often used interchangeably, these two traffic offenses differ in many ways. Continue reading to learn the differences between the two traffic offenses.

Careless Driving 

In Florida, a ‘careless driving citation’ is a civil offense that may be subjected to fines, as well as assessments of points. While getting charged with careless driving is not as severe as reckless driving because it does not carry criminal penalties, you can still face hefty fines with this type of charge. Under Florida Statute §316.1925, “Any person operating a vehicle upon the streets or highways within the state shall drive the same carefully and prudently, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.” Fines resulting from a careless driving citation can lead to:

  • Increased insurance rates.
  • Points on your driver’s license.
  • Your driver’s license being suspended.

Often, careless driving citations are issued by an officer who cannot find another traffic violation that seems suitable for the charge the individual is facing. In the state of Florida, this citation will often be given to the individual who the officer believes is at fault for the car accident. Careless driving citations are most common in rear-end accidents if the officer did not witness the accident or the person who was hit is unaware of why the accident occurred.

Reckless Driving 

As mentioned previously, careless driving charges are less severe because they are not criminal traffic offenses. A reckless driving charge, however, is a criminal traffic offense subjected to varying penalties. Under Florida Statute §316.192, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” It is important to note that a reckless driving charge will vary not only the severity of the accident but also an individual’s record.

  • First-time conviction – Punishable by facing up to 90 days in jail and up to $500 in fines.
  • Second-time or subsequent conviction – Punishable by facing up to 6 months in jail and up to $1,000 in fines.
  • Suppose you were convicted of reckless driving in an accident that caused damages to an individual or their property. In that case, you may face a first-degree misdemeanor, punishable by up to a year in jail and a fine of $1,000.
  • If convicted of reckless driving in an accident that caused severe injury or death to an individual, you may face a first-degree felony which is punishable by up to 5 years in prison and a fine of $5,000.

Some examples of reckless driving are:

– Driving under the influence.

– Swerving in and out of traffic dangerously.

– Running through red lights and stop signs.

– Racing on the road.

– Not yielding to pedestrians.

Reckless driving charges can be severe and require strong legal representation. Remember, time is of the essence. If you are being charged with ‘reckless driving,’ call Rivera Law at 561-651-9322 today. To learn more, visit our website.