Reckless Driving in California: What Counts Under VC 23103 and How It Affects an Injury Claim
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
Reckless Driving in California: What Counts Under VC 23103 and How It Affects an Injury Claim
Reckless driving in California means driving on a highway or in a parking facility in a way that shows willful or wanton disregard for other people's safety or property, which is the test in Vehicle Code section 23103. If a reckless driver injured you, the same conduct that supports the criminal charge usually makes fault easy to prove in your injury claim, and in extreme cases it can support punitive damages, but your right to compensation does not depend on whether the driver is ever convicted.
This guide explains what the law treats as reckless, the penalties and DMV points, and what each of those means for the person who was hurt. If a reckless driver injured you or a family member, reach Cefali & Cefali at (949) 325-7790; the consultation is free. Nothing here is legal advice about your particular case.
What constitutes reckless driving in California?
Reckless driving is driving while consciously ignoring a serious risk to other people or property. The California jury instruction for the offense, CALCRIM No. 2200, explains that a driver acts with wanton disregard when they know their driving creates a substantial and unjustifiable risk of harm and intentionally ignore that risk. The driver does not have to intend to hurt anyone.
That standard is higher than ordinary carelessness. The same instruction tells jurors that speeding alone does not prove reckless driving, though speed counts along with everything else the driver was doing. Courts have also held that gross negligence is not enough. Conduct that commonly leads to a reckless driving charge includes:
Weaving through traffic at high speed or cutting across several lanes at once.
Driving far over the limit in a residential area, school zone, or heavy traffic.
Deliberately running red lights or stop signs.
Tailgating, brake-checking, or swerving at another vehicle out of anger.
Passing on the shoulder or into oncoming traffic on a blind curve.
Doing donuts or burnouts in a parking lot or intersection, which section 23103(b) covers in offstreet parking facilities too.
Some related conduct is charged under its own statute, including street racing and exhibitions of speed under Vehicle Code section 23109 and reckless driving while fleeing police under Vehicle Code section 2800.2.
Reckless driving compared with careless driving and DUI
Conduct
Typical law
What it means for an injury claim
Ordinary carelessness, like an unsafe lane change or following too closely
Traffic infraction such as Vehicle Code section 21658 or 21703
Enough to prove negligence and recover full compensatory damages
Conscious disregard of a known risk
Reckless driving, Vehicle Code section 23103 (misdemeanor; can be a felony with serious injury)
Strong proof of fault; may support punitive damages in extreme cases
Driving impaired
DUI, Vehicle Code sections 23152 and 23153
Strong proof of fault; punitive damages are often available
A "wet reckless" is a reduced plea in a DUI case to reckless driving involving alcohol or drugs under Vehicle Code section 23103.5. For an injured person, the alcohol involvement matters more than the label on the plea; our guide on whether you can sue a drunk driver covers those claims.
Is there a crime of reckless endangerment for driving?
Not under that name. People often search for "reckless endangerment driving," but California has no general reckless endangerment statute for drivers. Section 23103 is the main law for dangerous driving. When a crash kills someone, prosecutors may charge vehicular manslaughter under Penal Code section 192(c), and a driver who uses a car as a weapon can face assault with a deadly weapon under Penal Code section 245.
Is reckless driving a misdemeanor?
Yes. Reckless driving is a misdemeanor in California, but it can become a felony when the driver causes certain serious injuries. The penalty depends on whether anyone other than the driver was hurt:
Situation
Law
Possible penalty
No injury
Vehicle Code section 23103(c)
5 to 90 days in county jail, a fine of $145 to $1,000, or both
Bodily injury to someone other than the driver
Vehicle Code section 23104(a)
30 days to 6 months in county jail, a fine of $220 to $1,000, or both
Specified serious injury, such as a concussion, bone fracture, brain injury, paralysis, or loss of consciousness
Vehicle Code section 23105
Felony or misdemeanor: up to 3 years under Penal Code section 1170(h), or 30 days to 6 months in jail and a fine
Great bodily injury when the driver has a qualifying prior conviction
Vehicle Code section 23104(b)
Felony or misdemeanor, with the same range
Fines also carry state and county penalty assessments that raise the amount actually paid. The list of injuries in Vehicle Code section 23105 is worth reading if you were hurt: it includes a loss of consciousness, a concussion, a bone fracture, a protracted loss or impairment of function of a body part or organ, a wound requiring extensive suturing, serious disfigurement, brain injury, and paralysis.
Reckless driving is a two-point violation
A reckless driving conviction adds two points to the driver's DMV record under Vehicle Code section 12810(c). That is why the DMV knowledge test asks which offense is an example of a two-point violation: reckless driving is in the same group as DUI and hit and run, while most ordinary moving violations carry one point. A driver who collects 4 points in 12 months, 6 in 24 months, or 8 in 36 months is presumed to be a negligent operator and can have their license suspended under Vehicle Code section 12810.5.
How much does insurance go up after reckless driving?
For the driver who is convicted, usually a lot. California's Good Driver Discount is limited to drivers with no more than one violation point in the past three years under Insurance Code section 1861.025, so a two-point reckless driving conviction alone removes it. The exact increase depends on the insurer, and some carriers decline to renew. For an injured person who was not at fault, the other driver's conviction has no effect on your own rates; our guide on how much car insurance goes up after an accident explains how fault affects premiums.
Does a reckless driving charge help my injury claim?
Usually, yes, but the charge helps less than the evidence behind it. Your injury claim is a separate civil case, decided under a lower standard of proof, and you can recover whether the driver is convicted, acquitted, or never charged at all.
Negligence per se
Every driver owes others reasonable care under Civil Code section 1714. When a driver violates a safety statute and that violation causes the kind of harm the statute was meant to prevent, Evidence Code section 669 creates a presumption of negligence. Section 23103 exists to protect people and property from dangerous driving, so proof that the driver drove recklessly normally establishes fault. The driver can try to rebut the presumption, but that is difficult when witnesses or video show the driving.
What the criminal case can and cannot be used for
A guilty plea can generally be used against the driver in your civil case as an admission.
A no contest plea to a misdemeanor cannot be used against the driver as an admission in a civil suit arising from the same conduct, under Penal Code section 1016. Many reckless driving cases end this way.
A felony conviction, such as one under section 23105, can be offered as evidence of the facts it required under Evidence Code section 1300. A misdemeanor conviction does not get the same treatment.
The police report, officer observations, and witness statements from the investigation are often more useful than the outcome of the case. Our guide explains how to get a police report.
A criminal court can also order the driver to pay restitution for your economic losses, such as medical bills and lost wages, under Penal Code section 1202.4. Restitution does not cover pain and suffering, and amounts paid are credited against a civil recovery, so the injury claim is still how most people are fully compensated.
Shared fault
If the insurer claims you share the blame, say because you were also speeding, California's pure comparative fault rule reduces your recovery by your share but does not bar it. Evidence of the other driver's recklessness usually keeps that share small.
Can I get punitive damages?
Sometimes, but not in every reckless driving case. Punitive damages require clear and convincing proof of malice, oppression, or fraud under Civil Code section 3294, and malice includes despicable conduct carried on with a willful and conscious disregard of the rights or safety of others.
That wording sounds close to the reckless driving statute, but civil courts look for conduct that is more than dangerous. The California Supreme Court held in Taylor v. Superior Court (1979) 24 Cal.3d 890 that choosing to drive while intoxicated can support punitive damages. Comparable cases involving sober drivers usually involve street racing, extreme speed in crowded areas, a long pattern of dangerous driving, or deliberately using the car to threaten or hit someone. Brief bad judgment, even if it led to a reckless driving citation, is usually treated as negligence.
Two practical limits matter. California public policy bars insurance from paying punitive damages, as the Supreme Court confirmed in PPG Industries, Inc. v. Transamerica Ins. Co. (1999) 20 Cal.4th 310, so any award has to come from the driver's own assets. And if the driver was working, the employer owes punitive damages only in narrow situations, such as when a managing agent knew the driver was unfit and kept them on the road.
What to do if a reckless driver hit you
Call 911 and get medical care. Tell the responding officer exactly what you saw the driver do before the crash: the speed, the weaving, the red light.
Find witnesses who saw the driving, not just the impact. People who watched the car for a mile before the crash are often the most valuable.
Look for video. Dash cams, doorbell cameras, and business cameras often record the driving, and many systems overwrite within days.
Ask for the report number and the investigating agency. If charges are filed, you have rights as a victim, including the right to be notified and to seek restitution.
Hold off on any recorded interview with the at-fault driver's insurance company until you understand your injuries.
En español, reckless driving se traduce como "conducción temeraria" o "manejo imprudente." En California es un delito menor bajo la sección 23103 del Código de Vehículos y suma dos puntos al historial del conductor. Si un conductor temerario le causó lesiones, usted puede reclamar una indemnización aunque el conductor nunca sea condenado.
Deadlines for a claim against a reckless driver
Code of Civil Procedure section 335.1 generally gives you two years after the crash to sue for injuries; a claim for property damage alone has three years under section 338. If the reckless driver was operating a city, county, or state vehicle, a written claim to the agency is usually due within six months under Government Code section 911.2. The criminal case does not pause these deadlines, so do not wait for it to finish.
Frequently asked questions
What constitutes reckless driving in California?
Driving on a highway or in a parking facility in a way that shows willful or wanton disregard for other people's safety or property, under Vehicle Code section 23103. The driver must know the driving creates a substantial and unjustifiable risk and ignore it; speeding alone is not enough.
Is reckless driving a misdemeanor?
Yes. It is normally a misdemeanor punishable by 5 to 90 days in jail and a fine of $145 to $1,000. It can be charged as a felony when it causes a specified serious injury under Vehicle Code section 23105.
Is reckless driving a two-point violation?
Yes. Vehicle Code section 12810(c) assigns two points for a reckless driving conviction, the same as DUI and hit and run.
Does a reckless driving charge help my injury claim?
Usually. The conduct behind the charge can establish negligence per se under Evidence Code section 669, and a guilty plea can be used as an admission. A no contest plea to a misdemeanor cannot, and you can recover even if the driver is never convicted.
Can I get punitive damages?
Sometimes. Civil Code section 3294 requires clear and convincing proof of malice, which usually means conduct such as drunk driving, street racing, or deliberately using a car to threaten someone. Insurance does not pay punitive damages, so they come from the driver personally.
Hurt by a reckless driver in California?
The proof of reckless driving tends to disappear quickly: video gets overwritten and witnesses scatter. Cefali & Cefali can secure that evidence, deal with the insurers, and evaluate whether punitive damages are realistic in your case. Consultations are free and we are paid only if we recover for you. Phone (949) 325-7790, or use our online contact form.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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