What is careless driving?

If you drive for long enough on any of America’s nearly 3 million miles of public roadways, you’ll see all sorts of examples of driver behavior on the highway that could be deemed “careless driving.” A list of unsafe driving actions and careless driving examples can go on and on: aggressive driving, speeding, illegal lane changes, excessive honking, conspicuously absent signal use, falling asleep at the wheel, distracted driving, and, of course, drivers holding cell phones in one hand (flatly illegal in an increasing number of states) and breakfast in the other!

Most of us feel we’ve grudgingly accepted the existence of careless drivers and their unsafe behavior in their vehicles (just look at the skyrocketing popularity of voluntary “defensive driving” courses). The fact is that at some point, the average driver will do something unsafe (or to fail to do something safe). Gaining a grasp of the true consequences of our own careless behavior, including knowing when and how it may violate a traffic statute in your state, will lead to fewer motor vehicle accidents and citations and lower fines and insurance premiums for everyone, not to mention higher levels of general sanity among our 200 million drivers.

One of the first things to understand is the difference between careless driving laws and reckless driving. Find out what is considered careless driving as well as reckless driving.

What makes careless driving different from reckless driving?

In most dictionaries, carelessness is a part of the definition of recklessness, and, to an extent, the reverse is true as well. But the legal world does not rely solely on dictionary definitions. Most statutes define reckless driving, at least in part, as including “wanton disregard.” As you can tell from the sound of it, this is a much higher standard to place on a person than mere carelessness. Careless driving, such as lane drifting or falling asleep at the wheel, is rarely (if ever) wanton.

Some states do not separate the definition of careless driving and reckless driving in their statutes. In such states, careless driving behavior can fall under the reckless driving category, requiring a level of deliberate disregard of driving rules. Thus, if you are charged with reckless driving charges in one of these states, and you believe your driving behavior more closely resembled careless driving, you may have a good case. You just need to be able to show that you did not act with “wanton disregard” or “extreme indifference.”

An experienced car accident attorney in your area can determine the legal standard that governs your case, gather the proper evidence, and make the right arguments in court.

For examples of reckless driving, the consequences, and costly fines in various states, see our reckless driving FAQ.

What are statutory examples of careless driving and the penalties?

So, what does careless driving mean? States that have explicitly addressed the issue of careless driving tend to define it in terms of actual harm rather than the mental state of the driver. Pennsylvania provides good
examples of careless driving. Under Pennsylvania law, careless driving is a summary offense committed when the driving was “in careless disregard for the safety of persons or property.” If anyone is seriously injured or dies as a result of careless driving, then the driver is subject to state fines ($500 for death, $250 for bodily injury), but, otherwise, there is no penalty for careless driving.

On the other hand, reckless driving in Pennsylvania is an offense committed when driving in intentional or wanton disregard for the safety of people or property. Its penalties contrast starkly with careless driving: the minimum penalty is a $200 fine along with a 6-month license suspension and 90 days in jail. In California, a reckless driver that causes an injury results in a month in jail and up to a $1,000 fine. In Virginia, the penalties overshadow both Pennsylvania and California: $2,500 in fines, and jail time up to one year – even for a first offense. If you do regain your drivers license after this, your insurance premium may be prohibitively high if a carrier will insure you at all.

Other states have taken a different approach to careless driving statutes. In Oregon, considerable effort was put into precisely delineating the scope of careless driving offenses, violations, and their penalties. An individual is guilty of careless driving in Oregon when driving a vehicle “in a manner that endangers or would be likely to endanger any person or property.” This careless driving definition is narrower and also less circular than Pennsylvania’s, which helps make the standard clearer for drivers and courts alike. Oregon penalties are also relatively mild. Careless driving is usually a Class B traffic violation, and at worst a Class A (when injuries occur), meaning individuals may face traffic safety courses, community service, and education requirements, and a fine.

New Jersey offers perhaps the broadest statutory definition for a careless driving citation: “driving a vehicle carelessly or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property.” The breadth of this law offers New Jersey law enforcement a number of opportunities to charge a driver with careless driving. It attempts to encompass more types of dangerous driving, intentional or otherwise.

In general, state law tends toward lesser penalties for careless driving than for reckless driving, if the two concepts are defined separately. Nevertheless, a traffic infraction for careless driving can have long-lasting consequences.

More importantly for some, state law doesn’t necessarily protect you from further consequences. Especially in cases of death, the other party’s family can file a civil lawsuit to pursue a range of damages. Of course, the details vary by state. If you find yourself facing a careless driving charge, you should consider seeking the services of a qualified car accident attorney in your area to discuss the severity of penalties you may face. There may be a number of options open to you for resolving your situation. Make sure you retain the most experienced representation you can.

Case Studies: Understanding Careless Driving

Case Study 1: Aggressive Driving

Tom was driving aggressively on the highway, tailgating other vehicles and weaving in and out of traffic. A vigilant driver reported Tom’s behavior to the police, who pulled him over and charged him with careless driving. Tom’s defense attorney argued that he was merely in a rush and didn’t intend to endanger anyone.

However, the court found his behavior to be careless and reckless, leading to fines and a suspension of his driver’s license.

Case Study 2: Distracted Driving

Sarah was texting while driving when she rear-ended another car at a stoplight. The collision caused injuries to the occupants of the other vehicle. Sarah was charged with careless driving for her distracted behavior. Her defense attorney acknowledged her mistake but argued that the collision was unintentional.

The court considered the consequences of distracted driving and imposed fines and mandated traffic safety courses to raise awareness about the dangers of careless driving.

Case Study 3: Falling Asleep at the Wheel

Mike fell asleep while driving on a long stretch of road and drifted into the opposite lane, narrowly avoiding a head-on collision. Thankfully, no one was injured, but Mike was charged with careless driving for endangering other motorists.

His defense attorney emphasized that Mike had been driving for hours and was exhausted. The court recognized the seriousness of falling asleep at the wheel but took Mike’s lack of intent into consideration, resulting in a reduced penalty.