Reckless vs. Negligent Driving in Missouri

The term “reckless driving” is common when discussing traffic laws. However, Missouri law does not use the words “reckless driving,” but the offense of “careless and imprudent driving” (C&I) in Missouri is similar to reckless driving laws in other states. It describes driving in a way that creates a significant danger or causes harm to people or property.

A dangerous driving incident can lead to two separate legal processes. You can face a criminal charge for C&I and a private civil lawsuit for negligence. This article will explain how the two legal processes can affect you. If you are facing driving charges after an accident, a car accident lawyer who understands both Missouri law and the Kansas City court system inside and out can help you understand your legal rights.

The Criminal Charge – “Careless and Imprudent” Driving

Missouri does not have a “reckless driving” law. Instead, § 304.012 of the Missouri Revised Statutes identifies C&I as a criminal offense. It is the equivalent of a reckless driving law.

What Is C&I?

The Missouri C&I statute requires drivers to exercise the “highest degree of care.” This includes:

• Driving in a “careful and prudent manner”; and
• Driving at a speed that does not “endanger the property of another or the life or limb of any person.”

Failure to follow these requirements is a Class B misdemeanor. If the dangerous driving involves an accident, it is a Class A misdemeanor.

If this definition of C&I statute sounds very broad, that is on purpose. C&I is a “catch-all” charge for dangerous driving that does not fit specific charges like DWI or speeding. Examples of behavior that can lead to a C&I charge might include:

• Driving significantly faster than the speed limit
• Street racing
• Running stop signs or red lights
• Failing to yield the right-of-way
• Weaving or swerving between lanes without signaling
• Distracted driving
• Aggressive road rage

What Are the Penalties for C&I?

C&I is a misdemeanor, not a simple traffic ticket. It requires a court appearance. The penalties for a C&I conviction partly depend on the circumstances of your case:

• If your case does not involve an accident, it is a Class B Misdemeanor. This can result in up to six months in jail and a $1,000 fine.
• If it involved an accident, it is a Class A Misdemeanor. Penalties may include up to one year in jail and a $2,000 fine.
• A C&I conviction puts four points on your driver’s license. If you accumulate too many points in a short time, you can face license suspension or revocation.
• Additional consequences include higher insurance premiums and the challenges that come with having a misdemeanor conviction on your record.

The Civil Lawsuit – The Tort of Negligence

Negligence is a civil court claim. The goal is to compensate the victim for injuries or property damage—not to punish the driver.

What Is Negligent Driving?

In a personal injury lawsuit after a car accident, the plaintiff must prove that the defendant was negligent. A negligence claim has four elements:

• Duty: The defendant had a duty of care to the plaintiff or the public. In Missouri, all drivers have a legal duty to act with the “highest degree of care” while driving.
• Breach of Duty: The driver failed to meet this standard, such as by engaging in dangerous behavior that led to a C&I charge.
• Causation: The breach directly caused the plaintiff’s injuries.
• Damages: The plaintiff suffered actual, quantifiable harm, such as medical bills and car repairs.

Determining Fault in a Personal Injury Case

In many car accident lawsuits, the defendant is not 100% at fault for the accident. Missouri allows a person to recover damages even if they were partly at fault for an accident under the Pure Comparative Fault rule. Their recovery is reduced by their percentage of fault. The process of determining fault usually occurs at trial, when all of the facts are available.

Suppose two people, A and B, are involved in a car accident:

• A is speeding and runs a red light.
• B is traveling through the intersection at the same time while looking at their cell phone.
• A’s car collides with B’s car, injuring B.
• A is convicted of C&I.
• B sues A for damages.
• At the civil trial, the jury determined that A had caused the accident, but B was partly at fault because they were looking at their phone instead of the road.
• The jury determines that A was 70% at fault and B was 30% at fault.
• B’s total damages are $100,000.
• The jury reduces B’s damages by 30% (or $30,000). It awards B $70,000.

Personal Injury Damages

Several types of damages may be available in Missouri car accident cases.

Compensatory Damages

The purpose of compensatory damages is to compensate an accident victim for their losses. Economic damages include direct expenses and losses, such as:

• Medical bills
• Lost wages
• Lost earning capacity
• Rehabilitation costs
• Property damage

Non-economic damages compensate an accident victim for the impact of their injuries on their quality of life. This might include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement.

Punitive Damages

The purpose of punitive damages is to punish a defendant for their behavior. They are very rare in car accident cases. Missouri law only allows punitive damages when a defendant shows “deliberate and flagrant disregard for the safety of others.”

Reckless Driving vs. Negligent Driving: When Criminal and Civil Worlds Collide

A single event while driving can lead to two different legal actions. A criminal case can lead to fines, driver’s license suspension, and jail time. A civil case can lead to financial liability.

It is important to understand how both cases work, how they are different, and how they can affect one another. One of the most important differences is the burden of proof:

• In a criminal C&I case, the prosecutor must prove your guilt “beyond a reasonable doubt.” This is the most difficult burden of proof in the legal system. The jury must conclude that there are no reasonable explanations except your guilt.
• A civil personal injury case has the lowest burden of proof. A plaintiff must prove that you were negligent by a “preponderance of evidence.” This means that it is more likely than not that you were negligent. 

The criminal and civil cases are independent of one another, but the criminal case can affect the civil one:

• A guilty plea or a conviction for C&I is powerful evidence of negligence in a civil case.
• An acquittal in a criminal C&I case does not prevent a civil lawsuit from proceeding. Since the burden of proof is lower in the civil case, the plaintiff can still prove negligence even if you were acquitted of recklessness.

Contact a Missouri Car Accident Lawyer to Protect Your Rights

Missouri law imposes both criminal and civil legal consequences for dangerous driving. You could face a criminal charge for C&I and a personal injury lawsuit. C&I is a serious offense in Missouri. A civil lawsuit could lead to even more financial liability.

A car accident and personal injury attorney can help you defend your rights. They can advocate for you in both cases and work to minimize their impact on your life. Sloan Law Office provides compassionate legal representation throughout the greater Kansas City area.

Call (816) 777-1340 or contact us online to schedule a confidential and free consultation!