In 2022, over 12,000 people died in crashes involving a reckless driver in the United States, according to the National Highway Traffic Safety Administration (NHTSA). That’s roughly one in every three traffic-related deaths nationwide. Yet despite how widespread the problem is, many drivers still don’t realize what behaviors legally cross the line into reckless driving.
Reckless driving isn’t just aggressive or risky behavior — it’s a legal charge that can carry serious consequences. If you were hurt in a crash caused by someone driving recklessly, you're not alone in wondering what your legal options are. Reckless driving often involves conduct far more dangerous than typical traffic violations. These accidents tend to result in greater harm, higher damages, and more complex claims. When reckless behavior causes a crash, working with a car accident lawyer can help uncover key evidence, pursue compensation, and hold the at-fault driver accountable.
Key Takeaways About Reckless Driving Crashes
- Reckless driving is more than just careless behavior. It involves a willful disregard for the safety of others.
- Each state has its own legal definition of reckless driving, but many share common factors like excessive speeding, illegal passing, and road rage.
- Victims of reckless drivers often suffer more serious injuries, which can lead to higher medical costs and longer recovery times.
- New Mexico law treats reckless driving as a criminal offense and may also support a civil injury claim when someone gets injured.
- A car accident attorney can help you gather evidence, identify legal violations, and fight for full and fair compensation.
How the Law Defines Reckless Driving
Every state has laws that define and penalize reckless driving, though the exact language may differ. Most definitions focus on a driver’s willful or wanton disregard for the safety of others. This means the behavior was not only dangerous but also done knowingly or with total indifference to its risks.
In New Mexico, reckless driving is defined under N.M. Stat. Ann. § 66-8-113 as driving “carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.” It is classified as a misdemeanor, with penalties that can include jail time, fines, and license suspension.
When this behavior causes an accident, it opens the door for a civil lawsuit, often with larger claims for damages due to the driver’s dangerous conduct.
Common Behaviors That May Qualify as Reckless Driving
While state statutes vary, certain types of conduct are frequently cited in reckless driving cases. These behaviors usually show a clear risk to others on the road and often lead to devastating outcomes.
Here are several examples that may legally count as reckless driving:
- Excessive speeding, especially 25+ mph over the posted limit
- Street racing or participating in exhibition driving
- Aggressive lane changes without signaling
- Running red lights or blowing through stop signs
- Driving under the influence of alcohol or drugs
- Tailgating or intentionally intimidating other drivers
- Passing in no-passing zones or on blind curves
- Distracted driving at high speeds or in traffic
These behaviors often create situations where a crash isn’t just possible — it’s almost inevitable. The more deliberate or egregious the action, the stronger the argument that the driver acted recklessly rather than simply carelessly.
Reckless Driving vs. Negligent Driving
At first glance, negligent driving and reckless driving may appear similar. Both can lead to serious harm, but the legal system treats them very differently. This distinction plays an important role in how fault is assigned and how damages are assessed in both civil and criminal cases.
Here are some key differences between negligent and reckless driving:
- Negligent driving occurs when a driver fails to exercise reasonable care behind the wheel. This might include unintentionally running a stop sign, failing to yield, or making an unsafe lane change without checking blind spots.
- Reckless driving involves a deliberate disregard for the safety of others. The driver knows their actions are dangerous but chooses to proceed anyway, such as by street racing, aggressively weaving through traffic, or ignoring traffic signals.
Injury claims involving reckless driving often involve higher stakes. A finding of recklessness can lead to punitive damages, which punish especially dangerous behavior, such as intoxicated driving or fleeing the police, and discourage similar conduct in the future.
In New Mexico, the line between negligence and recklessness plays a major role in how much compensation you might recover. A driver who knowingly endangers others may be held to a higher standard of financial responsibility under the law.
The Legal Consequences of Reckless Driving
Reckless driving is a criminal offense in every state, and New Mexico regularly increases the reckless driving penalties under its updated motor vehicle code. As of 2025, a first conviction for reckless driving is a misdemeanor punishable by:
- A minimum of five days and up to ninety days in jail,
- A fine ranging from $500 to $750, or
- Both jail time and a fine
A second or subsequent conviction carries harsher penalties, including:
- A minimum of ten days and up to six months in jail,
- A fine between $750 and $1,000, or
- Both jail time and a fine
In addition, the New Mexico Motor Vehicle Division may suspend the driver’s license for up to 90 days after a reckless driving conviction.
But when reckless driving causes injury, the legal consequences can extend far beyond fines or jail time. Victims may pursue compensation through a personal injury claim, which often includes past and future medical expenses, lost wages or income, pain and suffering, and more.
Proving a Driver Was Reckless After a Crash
If you believe the other driver was reckless, your case will require strong evidence to support your allegations. Recklessness is a higher standard than ordinary negligence, so the quality and clarity of your evidence will matter.
Some helpful types of evidence may include:
- Traffic citations or arrest records related to the crash
- Video footage from dash cams or surveillance cameras
- Eyewitness accounts from other drivers or pedestrians
- Accident reconstruction reports showing unsafe behavior
- Cell phone records indicating distraction or texting
- Blood alcohol tests showing intoxication
This type of evidence can help establish that the driver knew what they were doing was dangerous and did it anyway.
Comparative Fault Rules May Affect Your Damages
Most states follow some form of comparative negligence when assigning fault in a crash. New Mexico follows a pure comparative negligence rule. This means that even if you were partly responsible for a crash, you may still recover compensation. However, your total award will be reduced by your percentage of fault.
Insurance companies often use this rule to limit what they owe, even in reckless driving cases. They may argue that your own actions contributed to the crash, hoping to reduce their client’s share of the blame.
This is where a car accident lawyer plays a crucial role. An attorney can:
- Push back against exaggerated or unfair claims that you were partially at fault
- Gather evidence to highlight the reckless driver’s behavior
- Work with crash reconstruction experts or investigators to strengthen your case
- Protect the full value of your compensation, even in a shared fault scenario
Even if the other driver’s actions were clearly reckless, the defense may still try to shift blame. Legal support helps ensure the focus stays where it belongs — on the party who chose to ignore the safety of others.
Injuries Commonly Associated With Reckless Driving Crashes
When someone chooses to drive recklessly, the results can be catastrophic, not just for themselves but for everyone around them. Because these crashes often happen at high speeds or involve sudden, aggressive maneuvers, they tend to cause more severe injuries than other types of collisions.
Some of the most common injuries from reckless driving accidents include:
- Traumatic brain injuries, ranging from concussions to permanent cognitive damage
- Spinal cord injuries, which may result in partial or full paralysis
- Broken bones from forceful impacts or rollovers
- Internal bleeding and organ damage, which may not be immediately visible
- Severe burns in crashes that involve fires or explosions
These injuries often require surgery, long-term rehab, and may lead to lifelong disability. The emotional and financial toll can be staggering, which is why reckless driving cases must be handled with the utmost care and urgency.
Reckless Driving Claims Often Result in Higher Damages
Crashes involving reckless drivers often lead to more serious injuries, longer recovery periods, and a greater financial toll. Courts may also take into account the driver’s disregard for public safety when calculating compensation. Below are the primary types of damages that may be available in a civil claim.
Economic damages
These are the measurable financial losses tied directly to the crash and your injuries.
- Medical expenses for hospital visits, surgeries, physical therapy, medications, and assistive devices
- Future medical costs for long-term care, rehabilitation, or chronic condition management
- Lost wages from time missed at work due to hospitalization or recovery
- Loss of earning capacity if your injuries prevent you from returning to your prior job or working at all
- Property damage to repair or replace your vehicle and any personal belongings damaged in the crash
Non-economic damages
These refer to the emotional and psychological effects of the crash and how it impacts your daily life.
- Pain and suffering caused by physical injuries and discomfort
- Emotional distress such as anxiety, depression, or trauma resulting from the accident
- Loss of enjoyment of life if your injuries limit your ability to participate in activities you once enjoyed
- Disfigurement or scarring that affects your self-image or causes ongoing emotional pain
- Loss of companionship in cases where the injury affects relationships with loved ones
Although harder to quantify, non-economic damages often make up a significant portion of a claim in serious injury cases.
Wrongful death damages
If a reckless driver causes a fatal crash, surviving family members may be able to pursue a wrongful death claim. Compensation in these cases may include:
- Funeral and burial expenses
- Loss of the deceased’s income and benefits
- Loss of companionship, guidance, and support
- Emotional suffering experienced by close family members
- Medical costs incurred before the victim’s death
In New Mexico, wrongful death claims must be filed by the personal representative of the deceased’s estate, and compensation is distributed to eligible family members.
Punitive damages
Punitive damages may be awarded in cases where the reckless conduct was particularly dangerous, intentional, or repeated, such as racing on public roads, road rage that harms others, or causing a crash while fleeing from the police. While not available in every case, punitive damages can significantly increase the total value of a claim when reckless driving is proven.
What to Do After a Reckless Driving Crash to Protect Your Claim
If you’ve been injured in a crash caused by reckless driving, your health should always come first. If you haven’t yet seen a doctor, do not wait. Some injuries, especially internal trauma, concussion, and soft tissue damage, may take days to fully develop. A delayed diagnosis can hurt both your health and your claim.
Beyond receiving medical care, taking some small but significant steps can protect your legal rights and strengthen your claim for compensation.
- Hire a lawyer as early as possible. A car accident lawyer can handle all communications, preserve evidence, and shield you from fault-shifting tactics used by insurance companies. The sooner legal counsel is involved, the better protected your case will be.
- Keep all medical appointments and follow your treatment plan. Insurers often use missed appointments or inconsistent treatment to downplay the seriousness of your injuries. Following through on care shows that your injuries are real, ongoing, and impactful.
- Document your recovery in a journal or video diary. Pain levels, emotional struggles, mobility challenges, and missed milestones are hard to capture in medical charts. Your own words and reflections can be powerful evidence of how the crash has changed your daily life.
- Save everything related to the crash. This includes discharge papers, prescriptions, physical therapy notes, and correspondence from the insurance company. Photos of your injuries or vehicle damage can also support your claim.
- Be careful what you say to others about the accident. Anything you post on social media, say to an insurance adjuster, or include in text messages could be used to dispute your claim later.
These steps can make a significant difference in the outcome of your case. While the legal process may feel like an added burden, the right lawyer can manage every part of it, so you can focus on your recovery.
Questions People Often Ask About What Is Considered Reckless Driving
What is the difference between reckless driving and aggressive driving?
Aggressive driving is a traffic offense involving dangerous behavior like tailgating or speeding. Reckless driving is a criminal offense that involves a willful disregard for safety. The distinction often lies in the driver’s intent and the severity of the behavior.
Can I sue someone for reckless driving even if they weren’t charged criminally?
Yes. A civil claim for personal injury is separate from criminal charges. You don’t need a conviction to file a lawsuit, as long as you have evidence that their reckless actions caused your injuries.
What if I’m partially at fault for the crash?
New Mexico follows a pure comparative negligence rule. You can still recover compensation, but your amount will be reduced based on your percentage of fault. Reckless driving by the other party may help reduce your share of responsibility.
How long do I have to file a reckless driving injury claim in New Mexico?
In most cases, you have three years from the date of the accident to file a personal injury lawsuit under New Mexico’s statute of limitations. Claims involving public vehicles or wrongful death may have different deadlines.
How much does it cost to hire a car accident lawyer for a reckless driving case?
Most personal injury lawyers, including car accident lawyers, work on a contingency fee basis. That means you don’t pay up front, and they only get paid if they win your case. Always ask for a free consultation to understand the details.
We Understand the Impact of Reckless Driving
If you were hurt by a reckless driver, Gauthier & Maier Law Firm, P.C. is ready to fight for full and fair compensation. As former insurance defense attorneys, we know how insurers operate and the methods they use to minimize and deny claims. We use that insight to hold reckless drivers accountable, protect your rights, and position you for the best possible outcome. Call Gauthier & Maier Law Firm, P.C. at (505) 226-0009 or contact us today for a free consultation.