Under South Carolina law (S.C. Code 56-5-2920), reckless driving is defined as when, “Any person who drives any vehicle in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property.” Many times, people don’t realize that their actions are considered “reckless” under state law until they are pulled over and/or charged with reckless driving. This article will discuss what actions are considered reckless under South Carolina law, the correlation between reckless driving and car accidents in the Palmetto State, and what to do if you are involved in an accident due to a reckless driver.

If you have any questions regarding the content in this article, or would like to discuss a possible car accident case directly with our award-winning accident attorneys, please don’t hesitate to reach out to our office at (803) 888-2200. We are available for you via phone 24/7.

10 Examples of Reckless Driving in South Carolina

1. Speeding

If you are going 25+ miles per hour above the speed limit, it is considered reckless driving under South Carolina law. It is important to note that there are exceptions to this. For example, if there are poor weather conditions and you should be driving slower, then the speed considered reckless driving may be less than 25 mph over the limit depending on the circumstances.

2. Tailgating

Following too closely, also known as tailgating, is another example of a driving behavior that can be considered reckless in South Carolina.

3. Brake Checking

Sometimes, people respond to tailgating by slamming on their breaks in an attempt to send a message to the car behind them. However, this is not only very dangerous, especially if you have loved ones in the back seat, but it can also put you in a bad spot legally. If brake checking causes an accident, the driver who performed the brake check may be held liable for the accident and resulting damages.

4. Ignoring Traffic Laws

The rules and regulations of the road are designed specifically to keep people safe. When a driver purposely ignores these rules, it can be considered reckless driving and warrant a citation. Examples of common traffic law violations include:

  • Running a red light
  • Ignoring a stop sign
  • Failing to yield
  • Passing a stopped school bus
  • Failing to use your signal, and more.

These are just a few examples of vehicle operator behaviors that may be considered reckless, especially when they cause an accident.

5. Racing

Similar to speeding, racing is not only extremely dangerous, it is also illegal on public roads, streets, and highways (S.C. Code 56-5-1590). This is also true for people who use a private road to host a car race. Racing can result in fines, prison time, and license suspension.

6. Distracted Driving

Distracted driving may also be considered reckless driving in some instances. This includes distractions such as texting, watching videos, eating, drinking, and more.

7. Driving Under the Influence

Driving under the influence is another clear violation of South Carolina law and an example of reckless driving. Driving under the influence is a serious problem in South Carolina and the number one leading contributing factor in fatal collisions, according to most recent available data.

8. Road Rage

Road Rage – Driver balling their fist in anger against the steering wheel.

Road rage is the act of aggressively driving around other vehicles. It can include actions such as cutting off other drivers, speeding, unsafe lane changes, and other behaviors. 

9. Fleeing

Fleeing the scene of an accident or from police is commonly done in conjunction with other forms of recklessness such as speeding, unsafe lane changes, ignoring traffic signals, and more. Fleeing the scene of an accident, also known as a hit-and-run, or from cops is also illegal in South Carolina. Fleeing can result in criminal charges, insurance penalties, lawsuits, license suspensions, punitive and treble damages, and more. 

10. Improper Start

A common example of improperly starting is moving your vehicle at a light before the light turns green. Starting and moving your vehicle should always be done when it is safe to do so. Failure to follow this rule may be considered reckless.

What Are the Punishments For Reckless Driving in South Carolina?

Reckless driving is typically considered a misdemeanor under South Carolina law. The first offense typically results in a fine of up to $200. Repeat offenders; however, can face points on their license, license suspensions, and even jail time depending on the specifics of the accident.

What To Do If You Were Hit By a Reckless Driver

If you believe a reckless driver contributed to your accident, it is in your best interest to speak with an experienced car accident attorney as soon as possible. An attorney will be able to conduct a thorough investigation into the accident to prove negligence under South Carolina law, a critical part of all South Carolina accident claims.

Compensation Available in Accidents Caused by Reckless Driving 

If you were hit and injured by a reckless driver, you likely qualify to file a personal injury claim seeking compensation for all related damages. Our experienced car accident lawyers can help you understand the true value of your case, optimize your personal injury claim, and seek compensation for all past, present, and future damages. This includes but is not limited to compensation for:

  • Medical Bills
  • Lost Wages
  • Reduced Earning Capacity
  • Property Damage
  • Loss of Companionship
  • Pain and Suffering
  • Wrongful Death
  • And More.

How much compensation you may be entitled to is dependent on a few factors, such as the severity of your injuries. To get a better understanding of how much your case may be worth or what your rights are under South Carolina law, please contact our office today at (803) 888-2200 to speak directly with an attorney.

Contact Cavanaugh & Thickens, LLC Today For Help After an Accident 

With decades of combined experience and hundreds of 5-star reviews, the trusted legal team at Cavanaugh & Thickens, LLC is here for you. For a free case evaluation, simply call our office at (803) 888-2200, email info@ctlawsc.com, or fill out our simple online contact form.

With offices in Columbia and Charleston, our attorneys handle car accident cases throughout the state of South Carolina. Our team works on a contingency fee basis, meaning no up-front or out-of-pocket fees. Why choose Cavanaugh & Thickens, LLC? See what our clients have to say about working with our firm.

Legally Reviewed By: William H. Yarborough

My name is Will Yarborough, and I am a partner and personal injury attorney at Cavanaugh & Thickens, LLC. My practice primarily focuses on car and truck accident cases, and I represent injured people across the state of South Carolina. 

I’m committed to ensuring that every single client gets the compensation and justice they deserve following serious and unexpected accidents. 

You don’t have to go through the aftermath of an accident on your own. If you have any questions about the information in this article or are interested in becoming a client at Cavanaugh & Thickens, LLC, give me a call today. I’d be honored to help.