You didn’t leave the house intending to end up in court. But one decision, one moment of distraction or speed, and now you’re facing a serious charge: reckless driving causing injury in California.
This isn’t just a traffic ticket. It’s a criminal charge—and one that could have lasting consequences. Whether the injuries were minor or severe, whether it was your first offense or not, California law treats this type of incident as a threat to public safety. That means prosecutors won’t go easy on you.
If you’ve been accused, here’s what you need to know—and what you can do about it.
What Is “Reckless Driving Causing Injury” Under California Law?
Under California Vehicle Code § 23104, reckless driving causing injury occurs when:
- You drive with willful or wanton disregard for the safety of people or property, and
- That reckless driving results in bodily injury to someone else.
“Willful or wanton disregard” doesn’t mean you were trying to hurt anyone. It means the court believes you knew your actions were dangerous and chose to take the risk anyway. Things like speeding through red lights, weaving in traffic, street racing, or ignoring pedestrian zones may qualify—even without drugs or alcohol involved.
If another person ends up hurt as a result, even slightly, that can elevate what might’ve been a simple reckless driving charge into something far more serious.
What Counts as Injury?
The law doesn’t require a life-threatening or disfiguring injury to apply this charge. Something as small as a sprain, cut, or whiplash could satisfy the injury element.
And if the other person suffered what the law calls “serious bodily injury”—think broken bones, concussion, internal injuries—you could face felony-level consequences.
Misdemeanor vs. Felony Charges
Here’s where things get more intense.
Misdemeanor Reckless Driving Causing Injury
If no major injury occurred and you have no prior record, you could be charged with a misdemeanor, which carries:
- Up to 6 months in jail
- A fine up to $1,000
- Points on your driver’s license
- Possible probation or restitution
Felony Reckless Driving Causing Injury
But if there’s a “serious” injury involved or if you have prior convictions for reckless driving, DUI, or similar offenses, the prosecution may file felony charges, which carry:
- 16 months, 2 years, or 3 years in prison
- A fine up to $10,000
- Felony probation
- A permanent mark on your criminal record
This is no small matter. The court can also suspend your driver’s license and impose additional conditions, especially if the case involves aggravating factors like excessive speed or children in the vehicle.
What the Prosecution Needs to Prove
To convict you of reckless driving causing injury, the prosecutor must prove:
- You drove recklessly—i.e., with disregard for safety
- Your reckless driving caused bodily injury to someone else
Both elements are required. If they can’t prove causation, or if your driving wasn’t reckless under the law’s standard, the case may fall apart.
But don’t assume they’ll get it wrong on their own. You need someone to challenge that narrative, fast.
Common Defenses to This Charge
You may think there’s no way around it—but that’s rarely true. An experienced attorney can explore:
1. Causation Issues
Was the injury truly caused by your driving? Or was it the result of another factor—like the alleged victim’s actions, a third driver, or environmental conditions?
2. Was It Actually Reckless?
The definition of “reckless” is strict. A mistake or momentary distraction is not the same as a willful disregard for safety. Your attorney can argue for a lesser charge or outright dismissal if the conduct doesn’t meet that standard.
3. No Injury, No Felony
Sometimes injuries are exaggerated or undocumented. If there’s no medical proof or clear evidence of harm, prosecutors may struggle to meet the injury requirement.
4. Violation of Rights
Did the police pull you over illegally? Was your statement coerced? Were there procedural errors in your arrest or investigation? These things can all weaken the prosecution’s case.
Why You Should Never Handle This Alone
Prosecutors treat these cases seriously—especially if there’s a victim involved or property damage. And once the charge is filed, it becomes part of your public criminal record unless successfully fought or sealed.
Going it alone, or relying on a public defender with limited time, is a gamble you can’t afford. You need legal strategy, fast communication, and a lawyer who knows how to challenge both evidence and interpretation.
The Sooner You Call a Lawyer, the Better
Don’t wait to “see how things go.” That gives the other side a head start.
From the moment you’re arrested—or even questioned—you need legal representation to:
- Protect your rights
- Prevent you from saying the wrong thing
- Collect and preserve favorable evidence
- Communicate with insurance companies or law enforcement on your behalf
Even if you haven’t been formally charged yet, an attorney can help position you for a better outcome when the time comes.
Why Work With David P. Shapiro Criminal Defense Attorneys?
When your freedom is on the line, experience matters.
David P. Shapiro Criminal Defense Attorneys has built its reputation on standing up for people accused of serious crimes—including those tied to car accidents, traffic-related injuries, and felony driving charges.
What makes them different?
- They don’t panic, and they don’t stall. They take action.
- They know California law inside and out. Especially when it comes to driving-related offenses.
- They treat you with respect. You’re not just a case number. You’re someone whose life they’re committed to protecting.
What’s at Stake?
- Your freedom
- Your license
- Your record
- Your reputation
- Your future employment, insurance, and housing
The consequences go far beyond the courtroom. A conviction could derail everything you’ve worked for.
What to Do Right Now
- Don’t speak to law enforcement without an attorney
- Don’t post anything about the case on social media
- Don’t try to “explain” yourself to the other party or the court
- Do contact a qualified defense lawyer immediately
- Do visit the reckless driving causing injury California page to learn what you’re really facing
You’re Not a Criminal. You Just Need a Plan.
You might have made a mistake. Or maybe the accusation is flat-out wrong. Either way, you don’t have to accept whatever’s coming without a fight.
The law isn’t just about punishment—it’s about fairness. And with the right legal team in your corner, you can push for a second chance and a smarter outcome.
Don’t wait. Don’t plead guilty without understanding your options. Don’t let this define the rest of your life.
Talk to David P. Shapiro Criminal Defense Attorneys today—and take the first step toward putting this behind you.
