What to Do If You’re Cited for Reckless Driving in an Accident: Protecting Your Rights
June 13, 2025
If you’ve been cited for reckless driving in connection with an accident, you’re likely feeling a combination of confusion, frustration, and uncertainty. As an experienced traffic law lawyer in Buffalo, NY, I’ve seen firsthand how damaging such a citation can be to your reputation, insurance premiums, and even your freedom.
The consequences of a reckless driving conviction can include hefty fines, license suspension, and even jail time, depending on the severity of the case. But don’t panic—there are steps you can take to protect yourself and your rights.
Here at Michael Kuzma Attorney at Law, I’ve helped many clients in the Buffalo area and beyond work through the intricacies of traffic law and traffic violations, and I’m here to guide you through what comes next if you’ve been cited for reckless driving in an accident.
What Is Reckless Driving?
Reckless driving is generally defined as driving with willful disregard for the safety of others or property. It’s more than just speeding or running a stop sign. Reckless driving involves behaviors that demonstrate a conscious disregard for the rules of the road, such as:
Excessive speeding (driving well over the speed limit)
Running red lights or stop signs
Tailgating or following other vehicles too closely
Aggressive driving (cutting off other drivers, weaving in and out of traffic)
Driving under the influence (DUI)
Reckless driving becomes a serious issue when it leads to an accident or injures someone. Not only are you facing the immediate consequences of the accident itself, but the reckless driving citation could lead to criminal charges that carry penalties ranging from fines to jail time, depending on the case.
Steps to Take Immediately After a Reckless Driving Citation
If you’ve been cited for reckless driving in an accident, it’s important to act quickly. The sooner you take action, the better your chances of protecting your rights. Here are the steps I recommend taking as soon as possible:
Stay calm and cooperative: When you’re involved in an accident and cited for reckless driving, your first instinct might be to argue or defend yourself. However, it’s crucial to remain calm and respectful, both toward law enforcement and other parties involved in the accident. Arguing at the scene won’t help your case—it could even hurt it.
Gather all relevant information: After the accident, collect as much information as possible. Take note of the location, time, and conditions (weather, traffic, etc.) at the time of the accident. Exchange contact and insurance information with the other driver(s), and get the names and contact information of any witnesses who might support your version of the event.
Document the scene: Take photos of the accident scene, the damage to all vehicles, and any visible injuries. This can be invaluable evidence in case the case goes to trial.
Seek medical attention: Even if you don’t think you’ve been injured, it’s always a good idea to see a doctor. Injuries may not always be immediately obvious, and having medical documentation can strengthen your defense if you face criminal charges or civil suits later on.
Contact a traffic law lawyer: It’s essential to seek legal counsel as soon as possible after a reckless driving citation. A skilled attorney will be able to review the details of your case, help you understand your rights, and build a strategy to defend you in court.
By promptly following these steps, you can strengthen your defense and better traverse the legal challenges of a reckless driving citation.
Common Defenses Against Reckless Driving Citations
While reckless driving is a serious charge, there are defenses that can be used to challenge the citation. Some of the most common defenses include:
Lack of intent: Reckless driving requires a specific intent to endanger others, which means the prosecution must prove you acted with a willful disregard for safety. If you can show that the accident was due to an unavoidable error or lack of intent, this could be a viable defense.
Faulty evidence: If the evidence against you is weak or improperly obtained, your lawyer may be able to have it dismissed. For instance, if the officer didn’t follow proper procedure when issuing the citation, this could weaken the case against you.
Weather conditions: In some cases, weather conditions such as snow, rain, or fog can play a significant role in an accident. If these conditions were a contributing factor, your lawyer may be able to argue that the circumstances were beyond your control.
Mechanical failure: In rare cases, a mechanical failure (such as brake failure or tire blowouts) can be used as a defense. If your vehicle malfunctioned unexpectedly, it could be a defense to reckless driving.
Wrongful citation: It’s possible to be wrongly cited for reckless driving. For instance, the officer may have misinterpreted the situation, or the other driver may have exaggerated their account of events. Your lawyer can help investigate these claims and gather evidence to dispute the citation.
Employing these defenses with the help of a skilled attorney can significantly improve your chances of reducing or dismissing a reckless driving citation.
What to Expect During the Legal Process
Once you’ve been cited for reckless driving, the next steps will involve appearing in court to contest the citation. The legal process can vary depending on the severity of the accident and your personal circumstances, but here’s an overview of what to expect:
Initial court appearance: Your first appearance will likely be an arraignment, where you’ll be formally charged and given a chance to enter a plea (guilty, not guilty, or no contest). It’s crucial to have a lawyer with you for this step, as they can advise you on how to plead and what steps to take next.
Pretrial motions: If your lawyer believes there is a strong defense against the charges, they may file pretrial motions to have the case dismissed or the charges reduced. This could be based on faulty evidence, lack of intent, or other factors.
Trial: If the case goes to trial, both sides will present their arguments, and the judge will determine whether you are guilty of reckless driving. Your lawyer will be by your side to argue your defense, cross-examine witnesses, and challenge the prosecution’s case.
Penalties and sentencing: If you’re convicted, penalties can vary depending on the nature of the accident, your driving history, and whether anyone was injured. Penalties for reckless driving may include:
Fines and court fees
Points on your driving record
License suspension or revocation
Probation
Jail time (for severe cases)
Increased insurance premiums
Understanding and preparing for each stage of the legal process with the guidance of an experienced attorney can help you achieve the best possible outcome in your reckless driving case.
Protecting Your Rights and Reputation
Being cited for reckless driving can severely impact your personal and professional life. A conviction may lead to increased insurance rates, loss of your driving privileges, and a criminal record. Protecting your rights throughout the legal process is vital, and having an experienced traffic law lawyer is the best way to do that.
Here are some important points to keep in mind as you work through your case:
Your right to remain silent: Remember, you don’t have to say anything to law enforcement that could incriminate you. It’s always best to remain silent until you’ve spoken with a lawyer.
Your right to a fair trial: No matter how serious the charge, you have the right to a fair trial. Your lawyer will make sure that the prosecution meets its burden of proof and that any evidence used against you is legally obtained.
Preserving evidence: As I mentioned earlier, documenting the scene of the accident, gathering witness statements, and seeking medical attention are all critical steps in protecting your case. Preserving evidence early on can help your lawyer build a stronger defense.
By proactively safeguarding your rights and working closely with a skilled attorney, you can effectively protect your reputation and minimize the long-term consequences of a reckless driving citation.
Reach Out to a Traffic Law Lawyer
If you’ve been cited for reckless driving in an accident, act quickly to protect your rights. The legal process can be overwhelming, but with the right guidance, you can defend against the charges. At Michael Kuzma Attorney at Law in Buffalo, NY, I’ve assisted countless clients throughout the United States and Canada charged with traffic law violations. Don’t face these charges alone—reach out to me today for a consultation and work toward securing your future.