What Is the Difference Between Causing a Crash and Committing Reckless Driving in Mecklenburg County?

A car accident is already stressful. Getting hit with a reckless driving charge on top of it raises the stakes to a level entirely different. However, fault in an auto collision and reckless driving are two separate legal issues in North Carolina. Causing a car crash does not automatically make you guilty of reckless driving. 

At Browning & Long, PLLC, our experienced Charlotte reckless driving lawyers are both former Mecklenburg County prosecutors who understand how negligence and reckless driving laws differ in our state. We can build an aggressive defense strategy to fight your charges if you are arrested for reckless driving after an accident. 

Does Being At Fault in a Car Accident Automatically Mean You’re Guilty of Reckless Driving?

No. Being responsible for a crash and committing reckless driving are two different legal issues.

When insurance adjusters and civil attorneys talk about fault, they are asking who caused the accident. That is a civil question, and it governs issues such as liability for damages if someone was injured or property was damaged in the crash. 

Reckless driving is a criminal charge that requires proof of a specific mental state and a specific kind of conduct. Under N.C.G.S. § 20-140, it means either driving in willful or wanton disregard of the rights or safety of others, or driving without due caution in a manner that endangers or is likely to endanger a person or property. Those are higher bars than simply making a mistake behind the wheel. 

What Must Prosecutors Prove to Convict You of Reckless Driving After an Accident in Mecklenburg County?

The state must prove specific elements, beyond the fact that an accident occurred, which you caused, to convict you of reckless driving.

Willful or Wanton Conduct

The words "willful or wanton" carry legal weight in North Carolina courtrooms. They signal conscious disregard and not just inattention or poor judgment. A driver who drifts into the wrong lane because of momentary distraction is not, by that fact alone, acting with willful disregard. The prosecution must show conduct reflecting conscious indifference to the consequences.

Endangerment Beyond the Accident Itself

North Carolina courts have also made clear that a traffic violation alone is not sufficient to establish reckless driving. The state must introduce evidence to show that the driver actually endangered or was likely to endanger others or property. The fact that an accident happened is a relevant context, but it does not substitute for the showing.

Examples of what is considered reckless driving in North Carolina include:

• Excessive speeding
• Weaving between lanes
• Tailgating
• Street or highway racing
• Running a red light or a stoplight

How Accident Investigations Can Lead to Reckless Driving Charges

After a crash, law enforcement officers conduct their own investigation. While insurance companies evaluate civil liability later, police determine whether traffic crimes occurred.

Investigators may analyze several types of evidence:

• Scene evidence. Skid marks, vehicle damage, and debris patterns may reveal speed or sudden maneuvers.
• Witness accounts. Statements from other drivers or pedestrians can influence how the incident is interpreted.
• Dashcam or surveillance footage. Videos may show driving behavior leading up to the collision.
• Driver statements. What a driver says at the scene may be used against them if they’re charged with reckless driving after the accident occurred.

Even when an accident initially appears routine, the investigation may uncover details that lead officers to file a reckless driving charge.

Why You Need a Reckless Driving Lawyer and Not a Personal Injury Attorney If You Were Arrested for Reckless Driving 

Many drivers involved in accidents work with a personal injury lawyer. That attorney focuses on civil matters, including insurance claims, medical expenses, and liability claims to compensate victims for injuries.

A reckless driving charge, however, is handled in criminal court. The goals, legal strategies, and consequences are very different. 

While you may need a personal injury lawyer, having them defend you in your reckless driving criminal case would be a big mistake. A reckless driving conviction in North Carolina can carry significant consequences. These may include fines, a jail sentence, license points, higher insurance premiums, and a permanent criminal record.

Here are some of the ways our knowledgeable reckless driving lawyers can evaluate whether prosecutors can prove the required elements of reckless driving and defend you: 

• Examining the evidence. Our legal team will review police reports, witness statements, crash reconstruction findings, and any other evidence being used against you. This will help us identify inconsistencies or missing evidence that may undermine the prosecution’s case.
• Raising your defenses. You could have strong defenses to fight the charges even if you think you’re guilty. As former prosecutors, we know which defenses are effective and will collect the evidence that supports them. 
• Protecting constitutional rights. If the police violated your constitutional rights, which unfortunately happens frequently in Mecklenburg County, we can try to get statements or evidence obtained improperly suppressed in court.
• Negotiating case outcomes. Depending on your circumstances, we may be able to negotiate a favorable plea bargain with the prosecutor. 
• Representing you at court. We’ll attend all court hearings and will take your case to trial if that is in your best interest.