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Texas Reckless Driving Law in Brief Find a Local Reckless Driving Lawyer Reckless Driving, Racing and Takeovers Punitive Damages and Insurance Texas Crash Data Why Choose The Law Giant Frequently Asked QuestionsTHE LAW GIANT Car Accident Lawyers:
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Texas treats reckless driving, racing and street takeovers as crimes, and a driver who causes a crash this way can also face a civil claim for every loss you suffer. The rules below apply statewide.
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Texas Reckless Driving Law in Brief
- Texas recorded 3,769 traffic deaths in 2025. Speeding played a role in 1,247 of them.
- Reckless driving is a crime in Texas. It means driving with wilful or wanton disregard for safety.
- Racing that injures someone is a felony. Street takeover stunts became a separate crime in 2023.
- Reckless drivers can owe punitive damages. Gross negligence must be proved by clear and convincing evidence.
- Your own insurance may help. Uninsured and underinsured motorist coverage applies unless you rejected it in writing.
Find a Local Reckless Driving Lawyer
Each city page covers local crash data and a key legal issue:
- Houston: street racing and the felony racing law
- Dallas: road rage and punitive damages
- San Antonio: street takeovers and vehicle forfeiture
- Austin: crashes on state-owned roads
- Laredo: how broken traffic laws prove fault
- McAllen: shared fault and speed on city streets
- Harlingen: uninsured and underinsured drivers
- Brownsville: crash reports and evidence
Reckless Driving, Racing and Takeovers
- Reckless driving: Under Transportation Code § 545.401, driving in wilful or wanton disregard for the safety of people or property is a misdemeanor with a fine of up to $200, up to 30 days in jail, or both.
- Racing: Under § 545.420, racing on a highway is a third-degree felony if it causes bodily injury and a second-degree felony if it causes serious injury or death.
- Street takeovers: Since 2023, a “reckless driving exhibition” is a crime under Penal Code § 42.03, and vehicles used in racing or takeovers can be seized and forfeited.
In 2023, the Governor signed laws giving police more tools against street racing and takeovers. Courts also treat many traffic violations as negligence per se, which can make fault easier to prove.
Punitive Damages and Insurance
Texas allows exemplary damages when a driver is grossly negligent, meaning the conduct carried an extreme degree of risk and the driver knew it but did not care, under § 41.001(11). The standard is clear and convincing evidence, and damages are usually capped under § 41.008.
Texas drivers only need 30/60/25 liability coverage under § 601.072. When that is not enough, your own uninsured and underinsured motorist coverage under Insurance Code § 1952.101 may pay the difference.
Texas Crash Data
TxDOT reported 3,769 traffic deaths in Texas in 2025, down from 4,159 in 2024. Speed was involved in 1,247 deaths and 5,652 serious injuries. Texas has not had a deathless day on its roads since November 7, 2000.
See our Texas car accident lawyer, drunk driving, highway accident and wrongful death pages.
Why Choose The Law Giant
We have offices across Texas and know local courts, police departments and crash patterns. We move fast to preserve video, vehicle data and witness statements, track any criminal case, and find every insurance policy that might pay. Read about the difference between negligence and recklessness.
Call 956-982-1800 for a free consultation. There is no fee unless we win.
Common Questions
Texas Reckless Driving FAQs
What is the penalty for reckless driving in Texas?
Reckless driving under § 545.401 is a misdemeanor punishable by a fine of up to $200, up to 30 days in county jail, or both. Racing and street takeovers carry heavier penalties, including felonies when someone is hurt.
Can I get punitive damages from a reckless driver in Texas?
Possibly. You must prove gross negligence by clear and convincing evidence. Punitive damages are usually capped, but the cap does not apply to some crimes, such as intoxication assault and intoxication manslaughter.
What is a reckless driving exhibition?
It is the Texas term for a street takeover stunt: spinning the tires and turning the car in circles on a street while two or more people watch. It became a crime under Penal Code § 42.03 in 2023.
How long do I have to sue after a Texas car crash?
Most injury claims must be filed within two years under § 16.003. Claims against government bodies usually need written notice much sooner.
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Our personal injury lawyers handle a wide range of accidents and serious injuries across Texas.
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