Many Americans experience or witness road rage. A driver having a bad day might yell, flip the bird, or repeatedly honk their horn. Road rage usually only causes minor frustration, but it can also have a devastating outcome. An angry driver might intentionally crash into another vehicle or run it off the road, resulting in catastrophic injuries.
Road rage is undoubtedly an aggressive act, but does that mean road rage is synonymous with aggressive driving? And what about reckless driving?
It can seem like these three terms all mean the same thing, and you might use them interchangeably. But is that accurate?
We highlight the critical but nuanced differences between aggressive driving, reckless driving, and road rage, explore the role road rage can have on your personal injury claim, and explain what to do if you’re in a reckless driving accident, including how to report it.
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What Is Reckless Driving in Texas?
Section 545.401 of the Texas Transportation Code defines reckless driving as:
“[driving] a vehicle in wilful or wanton disregard for the safety of persons or property.”
Reckless driving isn’t purely a case of a driver being negligent. They understand their action is likely to cause harm to another and do it anyway.
Some common examples of reckless driving in Texas are:
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What Is Aggressive Driving in Texas?
Let’s look at some examples of aggressive driving:
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These aggressive driving examples are also reckless behaviors, so what’s the difference?
There isn’t one, as there is no legal definition of aggressive driving in Texas.
However, the Texas Department of Insurance (TDI) states:
“Aggressive driving is any unsafe behavior performed purposely with ill intent or disregard for safety that puts other drivers or property at risk.”
If that looks familiar, it’s because the TDI rehashes the statute in the Texas Transportation Code, swapping “willful or wanton disregard” for the more modern equivalent of “ill intent or disregard.”
Put simply, the TDI’s definition of aggressive driving is the legal definition of reckless driving.
Let’s say one driver is following another vehicle too closely. They understand tailgating is dangerous and could cause a crash, but they do it anyway.
You can call this aggressive or reckless driving — the meaning is the same. But from a strictly legal standpoint, it’s reckless driving, as that’s the charge the driver can face.
The Definition of Road Rage in Texas
Road rage can take many forms. Take the following common examples:
- Offensive hand gestures
- Yelling insults
- Throwing objects out of a car window
- Intentionally ramming into another vehicle
- Forcing a driver off the road
- Leaving a vehicle to confront or assault another driver.
These are all aggressive behaviors — the average law-abiding motorist certainly isn’t throwing objects at vehicles or running other drivers off the road.
So why are they classed as road rage and not reckless (or aggressive) driving?
Texas law doesn’t specifically define road rage, but the accepted definition — provided by the NHTSA — is:
“The angry and violent behaviors at the extreme of the aggressive driving continuum.”
The NHTSA and the Texas Department of Insurance highlight that aggressive driving can escalate to road rage, establishing a relationship between the two.
To illustrate this, let’s go back to our tailgating example.
If the driver ahead doesn’t react to the tailgating driver behind, two things might happen:
- Eventually, the tailgating driver gives up, or both drivers head in different directions.
- The driver following too close accelerates harder and rear-ends the car ahead.
Either way, the tailgater is driving recklessly. But the second outcome is road rage because the driver is no longer just tailgating. Their behavior has escalated into the violent act of ramming the car in front.
Is Road Rage a Criminal Offense in Texas?
At this point, we know that of reckless driving, aggressive driving, and road rage, Texas law recognizes just one.
Reckless driving in Texas is a misdemeanor punishable by a fine of up to $200, a maximum 30-day county jail sentence, or both.
That may seem lenient for behavior that can cause significant harm, such as forcing another driver off the road.
While there may be no such thing as a road rage law in Texas, road rage can be a catalyst for other offenses carrying more significant penalties.
Let’s demonstrate this with an example.
John is running late for an important meeting. He begins weaving in and out of other traffic and cutting off drivers to make up lost time.
John is reckless driving because he knows his actions are dangerous and putting others at risk.
John continues along the highway but gets stuck behind a slow-moving vehicle. Frustrated, he honks his horn repeatedly. When the other driver doesn’t respond, John rolls down his window, shouts obscenities, and throws a water bottle at the driver, causing them to swerve and crash.
John’s behavior has escalated from aggressive or reckless driving to road rage. John may face charges of reckless driving and assault, resulting in a harsher penalty.
This scenario illustrates how reckless driving can quickly escalate into road rage and more severe criminal charges.
Why Do People Engage in Reckless Driving and Road Rage?
There’s no denying that driving can sometimes be frustrating. You’ve likely experienced traffic moving at a snail’s pace due to congestion or getting stuck behind a slow-moving vehicle when you’re running late for work or an appointment.
Inconveniences and delays happen to us all, and it only takes one unsafe driver to set off a chain reaction of aggressive behavior.
The AAA found 79% of drivers demonstrate aggressive behavior when driving.
On top of that, research by the American Psychological Association found 50% of drivers react aggressively to road rage.
This means that for nearly every eight out of ten people who engage in reckless driving, another four respond in kind.
But having a bad day or running late aren’t the only contributing factors to road rage. Some motorists drive under the influence of drugs or alcohol or lack consideration and respect for other road users and the law, and this is when road rage can become particularly dangerous — even deadly. Data shows that aggressive driving is responsible for more than half of all traffic fatalities.
What Do Reckless Driving and Road Rage Laws in Texas Mean for a Personal Injury Claim?
Reckless driving and road rage often result in preventable accidents causing severe or even fatal injuries. While criminal charges hold unsafe drivers accountable, they provide little comfort to accident victims lying awake at night with their painful injuries or worrying about paying their medical bills and caring for their loved ones while they cannot work.
That’s why many accident victims opt for civil action.
To claim compensation after a car accident, you usually need to satisfy several elements:
- The driver owed you a duty of care.
- The driver breached that duty.
- The breach resulted in damages (such as physical injuries and financial expenses or losses).
However, claiming compensation for a reckless driving accident in Texas is a bit easier due to a concept called negligence per se.
Negligence per se is when a person violates a law intended to protect the public.
Let’s return to our original tailgating example. We have one driver following another too closely and causing a collision, which results in the other driver sustaining a traumatic brain injury. When a police officer arrives, they issue a ticket to the tailgating driver.
In this scenario, the driver is negligent per se because they’ve violated the traffic law prohibiting tailgating — a law designed to protect the public from harm.
Establishing negligence per se can make a big difference to a personal injury claim, as it helps prove liability even if the defendant disputes they are at fault. Here, the injured driver can argue the defendant was negligent per se by violating the law — a fact supported by the ticket issued by police immediately after the accident.
Dealing with Road Rage and Reckless Drivers in Texas
The best way to handle reckless driving and road rage in Texas is to avoid it when possible and de-escalate the situation when not.
Avoiding eye contact can decrease the risk of confrontation, but if an aggressive driver targets you, being calm, tolerant, and forgiving can go a long way. It can be tempting to respond to aggression with aggression — as the statistics show, it comes more naturally than we might like to admit — but exchanging insults or threats will only make the situation more dangerous. When you are courteous and don’t take the driver’s behavior personally, you avoid becoming part of the problem.
How to Report Reckless Driving in Texas
You should report aggressive drivers in Texas by calling 311. However, your safety should be number one. If an aggressive driver is confrontational or threatens you, don’t be afraid to call 911. If you can’t drive to a safe space — for example, because you’re in a car accident — wind up your windows and lock the doors until the police arrive.
We may not be able to control others on the road, but we can control how we behave and react. Every time we do our bit — such as by noting an aggressive driver’s license plate and reporting them to authorities — we help make our roads safer.
What to Do If Reckless Driving Caused Your Accident
If you are in an accident due to reckless driving in Texas, you should first call law enforcement and seek medical help.
You should also contact a Texas personal injury lawyer to see if you have a claim. You may be entitled to significant compensation for your medical bills, lost wages from being unable to work, vehicle repairs, pain and suffering, and more.
If you take your case to trial, you may also receive punitive damages to punish the defendant, warn the public of the dangers of road rage, and deter others from engaging in aggressive behavior.
Our car accident lawyers in McAllen and San Antonio can explain your rights, gather evidence — such as the accident report proving a reckless driver was negligent per se — and negotiate the best possible settlement so you get the compensation you deserve.
Contact our personal injury lawyers in San Antonio and McAllen today to see if you have a reckless driving accident claim. We’re available 24/7 — call 855-LAW-NINJA, fill in the confidential contact form, or pop into one of our offices for a free, no-obligation consultation:
We promise you won’t pay us until we win your claim.
