Texas Transportation Code § 545.401 – Reckless Driving
Table of Contents
Statutory Text:
§ 545.401(a):
A person commits an offense if they drive a vehicle in willful or wanton disregard for the safety of persons or property.§ 545.401(b):
This offense applies on:
Public roads
Private property open to the public (e.g., parking lots)
Private roads with public access
§ 545.401(c):
Reckless driving is a misdemeanor, punishable by:
Up to $200 fine, or
Up to 30 days in jail, or both
What Counts as Reckless Driving in Texas?
Reckless driving is more than a traffic violation, it’s a criminal offense. To qualify, the driver must operate their vehicle with willful or wanton disregard for safety.
This includes:
Excessive speeding in dangerous conditions
Street racing
Weaving through traffic aggressively
Blowing through red lights intentionally
Driving under the influence of alcohol or drugs
Where the Law Applies
§ 545.401 applies:
On highways and streets
In parking lots (including retail and apartment complexes)
On private roads open to public travel
Example Scenario
A driver is seen racing through a grocery store parking lot, swerving around cars and pedestrians.
Police charge them under § 545.401 for reckless driving.
If an injury results, this can support both criminal charges and a personal injury lawsuit.
Criminal vs. Civil Consequences
Criminal: Class B misdemeanor
Civil: Can be used to show negligence or gross negligence in injury or wrongful death claims
Insurance impact: May trigger denial of coverage in extreme cases
Related Statutes
§ 545.060 – Failure to Maintain Lane
§ 545.421 – Evading Police
§ 550.021 – Duty to Stop After Accident
Texas Case Law Interpreting § 545.401
The court held that willful or wanton disregard involves more than carelessness—it requires a conscious indifference to risk.
Found that even momentary high-risk behavior, such as running a red light at high speed in a crowded area, may qualify as reckless driving.
Frequently Asked Questions About § 545.401
Houston Personal Injury Lawyer - Joel A. Gordon
Yes. It is a misdemeanor offense, punishable by jail time, a fine, or both.
Yes. Police officers have discretion to arrest on the spot, especially if public safety is at risk.
Yes. It can be used as evidence of negligence or gross negligence in civil claims for injury or death.
Yes. It applies to private property open to the public, like malls, schools, and business parking lots.
Reinforced that governments are not liable unless they knew of the condition and failed to warn.