What is Considered Reckless Driving in Indiana?

Every time you get behind the wheel of your vehicle, you are expected to abide by the rules of the road. This is a duty every driver has to one another, and while some drivers are reasonable, prudent, and courteous, others exhibit reckless driving behaviors that put everyone on the road in danger. 

Reckless driving penalties in Indiana include Indiana traffic violations that can result in criminal charges for the offender. Those charged with reckless driving will need a reckless driving lawyer in Indiana. But what about those who are the victims of reckless driving? If you were in an accident caused by a reckless driver, you’ll want an Indiana auto wreck law firm to help you recover compensation for your injuries and other losses. 

Wagner Reese is a personal injury law firm that assists victims injured by those who have engaged in reckless driving. In this blog post, we explain reckless driving in Indiana as well as handling road rage and aggressive driving to move forward from this traumatic event. 

What Is Reckless Driving in Indiana?

The definition of reckless driving in Indiana can be found under Indiana Code § 9-21-8-52, which lists many behaviors that are considered reckless driving in Indiana.

Excessive Speeding

Under Indiana law, speeding falls into the reckless driving category. However, simply going above the speed limit is not enough for a person to be slapped with reckless driving charges. The high rate of speed that goes above the speed limit and endangers others is what makes it part of this category.

Endangering Others and Obstructing Proper Flow of Traffic

Speeding drivers aren’t the only cause for concern on the road. Some may drive too far below the speed limit. When they do this, they are endangering others by blocking the proper flow of traffic.

Passing When the View Is Obstructed 

Passing must be done with care, and when a driver passes another vehicle from the rear while on a slope or curve when vision is obstructed to less than 500 feet ahead, it is reckless driving. 

Passing a School Bus Stopped for Children

If a driver passes a school bus when it has the stop sign engaged, they are breaking the law.

Weaving In and Out of Traffic

Drivers who move in and out of traffic lanes, particularly at high speeds, are endangering the safety of others.

Refusing to Let Other Drivers Pass

Speeding up or refusing to allow a driver overtaking to pass can also result in a driver being charged with reckless driving. 

Indiana Reckless Driving Speed

What constitutes reckless driving speed? While there is no exact speed that constitutes reckless driving, most law enforcement officials would apply this charge to a driver who was going in excess of 25 miles per hour over the speed limit while engaging in some of the other dangerous actions listed above. 

Therefore, when answering, “What is reckless driving in Indiana?” it’s important to look beyond just the speed a person was traveling. It accounts for the other reckless actions they may have taken. If this reckless driving behavior causes an accident that leads to the injury of a person, there may be additional consequences for a person convicted of reckless driving. 

How to Avoid Reckless Driving and the Legal Consequences of Violating the Indiana Code 

The legal consequences of Indiana reckless driving will result in criminal charges for the offender, as per Indiana Code § 35-42-2-2:

Class C Misdemeanor

Indiana reckless driving is usually charged as a Class C misdemeanor, though it can be elevated to a Class B misdemeanor or higher depending on the specifics of what happened. If charged with a Class C, the driver may spend up to 60 days in jail and need to pay a fine of $500.

Class A Misdemeanor

If reckless driving causes bodily injury to another person, the charges are upgraded to a Class A misdemeanor, with up to a year in jail and fines up to $5,000.

Felony Charges

If a driver overtakes a bus carrying school children when it has its stop sign engaged to halt the flow of traffic, it is usually a Class A misdemeanor. If it causes bodily injury, then it is upgraded to a level 6 felony. If this type of accident results in a fatality, the charges are upgraded to a level 5 felony. 

Loss of Driving Privileges

Driving privileges may also be suspended for up to one year when a person’s safety or property was compromised by a reckless driver. 

Civil Consequences

If a reckless driver causes bodily injury to another person, either when they recklessly pass another and cause an accident or by engaging in other reckless behaviors, the injured party can sue. When a driver’s behavior is dangerous in this way, it goes beyond traffic law matters. This offense mostly involves criminal charges; however, a victim has the right to recover compensation for their injuries and financial losses.

Avoiding Reckless Driving Charges

The consequences listed above should be avoided by all costs. Drivers can obey speed limits, avoid aggressive behavior behind the wheel, follow at a safe distance, and practice defensive driving techniques to stay out of trouble and avoid accidents.

What to Do If You’re in a Crash Involving Reckless Driving in Indiana

When you are in a car accident as a result of another driver who was endangering the safety of others, you should follow these steps to protect your legal rights:

Call the Police

You might not think the crash is serious, but calling 911 ensures the police will file a police report. If they note that the other driver was putting others in danger, that driver will likely be charged with reckless driving. This will be indicated on the crash report. 

Get Immediate Medical Care

This vehicular offense that occurs when someone fails in their care to others on the road often results in injuries. You may not think you’re hurt, but don’t assume you’re fine. Get checked out by your doctor or go to the hospital as soon as possible.

Capture Evidence

The property of others is likely to be destroyed when a reckless driver passing another vehicle causes a crash. Take photos and videos of the aftermath and get witness contact information. They may be able to provide a statement or have dashcam footage showing the moment when the driver recklessly causes an accident. 

Obtain Legal Representation

Your injuries may be painful, leaving you with emotional impacts and financial uncertainty. When another driver destroys the property of others and leaves them injured, there are legal processes that allow for financial recovery. 

Anyone who retains our legal representation at Wagner Reese will have an advocate who is staunchly committed to serving justice and holding the reckless driver accountable. If you have recently been harmed by a driver who failed to uphold their duty to drive safely, contact us today for a free case review.