Reckless driving puts everyone on the road at risk. In Michigan, this offense is taken seriously—both under criminal law and in civil courts. When someone drives in a way that shows a willful disregard for the safety of others, they can face fines, license suspension, jail time, and liability for any injuries they cause.
If you or someone you know has been hurt in a crash involving reckless driving, it’s important to understand how Michigan law treats these incidents. This blog breaks down the legal definitions, penalties, and what your options are if you’ve been injured.
How Michigan Defines Reckless Driving
Michigan law defines reckless driving as operating a vehicle “in willful or wanton disregard for the safety of persons or property.” This isn’t just careless or inattentive driving—it involves a conscious decision to ignore the rules of the road or to take actions that are likely to cause harm.
Examples may include:
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Excessive speeding in residential or school zones
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Aggressive lane changes without signaling
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Running red lights or stop signs
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Street racing
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Tailgating at high speeds
The key word in the law is “willful.” Prosecutors must show that the driver knew their behavior was dangerous but chose to proceed anyway.
Criminal Penalties for Reckless Driving
In Michigan, reckless driving is a misdemeanor for a first offense. Penalties may include:
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Up to 93 days in jail
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A fine of up to $500
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License suspension for up to 90 days
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Points added to the driver’s record
If reckless driving causes serious injury or death, the charges escalate. These cases become felonies and carry more severe penalties:
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Up to 5 years in prison if someone is seriously injured
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Up to 15 years if someone dies
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Fines up to $10,000
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License revocation
These criminal penalties aim to hold drivers accountable for dangerous behavior. But for victims, the criminal process doesn’t cover medical bills, lost wages, or pain and suffering. That’s where civil claims come in.
Seeking Compensation Through a Civil Lawsuit
If you were injured in a crash caused by a reckless driver, you may have grounds to file a personal injury claim. Michigan operates under a no-fault auto insurance system, which means your own insurance pays for certain expenses after a crash, no matter who was at fault. These benefits typically cover:
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Medical expenses
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Lost income
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Replacement services (like household help)
However, no-fault benefits don’t compensate for pain and suffering or allow you to hold the other driver financially responsible—unless your injuries meet certain legal thresholds.
To file a lawsuit against the at-fault driver, your injuries must qualify as a “serious impairment of body function” under Michigan law. This standard requires:
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An objectively manifested impairment—meaning your injury can be verified through medical evidence;
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The impairment must affect an important body function; and
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It must impact your ability to lead your normal life.
If your injuries meet this threshold, you can pursue a third-party claim for additional damages.
How Reckless Driving Impacts Injury Claims
When a driver is found to have been reckless, it can strengthen your personal injury case in several ways. First, reckless driving may be used as evidence of negligence or even gross negligence. This distinction is important because it can open the door to larger settlements or judgments.
In typical auto accident cases, compensation is often based on standard negligence. But when a driver’s actions go beyond carelessness—like in reckless or intentional behavior—a court may award punitive damages in addition to compensatory ones. While Michigan limits punitive damages in many cases, courts sometimes allow them in extreme circumstances to punish egregious conduct.
Also, if the reckless driver was cited or convicted in criminal court, that record can support your civil claim. While it’s not automatic proof of liability, it can influence how the insurance company or jury views the case.
Role of Insurance Companies
Insurance companies investigate every claim carefully, especially when reckless driving is involved. If their policyholder is accused of reckless behavior, the insurer may try to minimize liability or shift blame. In some cases, they may argue that your injuries don’t meet the threshold for a lawsuit or that you were partially at fault.
Michigan follows a comparative fault rule. If you’re found partially responsible for the crash, your compensation can be reduced by your percentage of fault. However, if you’re more than 50 percent at fault, you may be barred from recovering non-economic damages like pain and suffering.
Because of these challenges, it’s important to gather evidence early. This includes police reports, medical records, witness statements, and any documentation of the driver’s behavior before and during the crash.
What to Do After an Accident Involving Reckless Driving
If you’ve been involved in a crash with a reckless driver, here are some immediate steps to take:
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Seek medical attention. Even if your injuries seem minor, get checked out. Medical documentation is key.
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Report the accident. Make sure a police report is filed. This creates an official record of the incident.
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Document everything. Take photos of the scene, your injuries, vehicle damage, and any road conditions.
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Avoid speaking to the other driver’s insurer without legal advice. Insurance adjusters may try to get statements that can hurt your claim.
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Talk to a personal injury lawyer. An attorney can help you understand your rights, assess your case, and handle negotiations with insurers.
Conclusion
Reckless driving is more than a traffic offense—it’s a threat to public safety that can leave victims with lasting injuries and financial burdens. Michigan law allows injured individuals to pursue justice, but the process can be complex. Between the no-fault insurance system, serious injury thresholds, and comparative fault rules, knowing your rights is essential.
If you’ve been hurt by a reckless driver, don’t assume your only option is to rely on your insurance. Speak with a qualified personal injury lawyer to explore your options. The sooner you act, the easier it is to build a strong case and protect your right to full compensation.
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