The term “reckless” has a special meaning in Illinois civil law. The law views a reckless act as a more serious offense than a negligent act. Drinking and driving ordinarily constitutes a reckless act, because drinking and driving shows a willful and wanton disregard for the safety of others. While the distinction between a negligent act and a reckless act is sometimes subtle and nuanced, this distinction can be very significant in a legal context. If a person acts recklessly or with willful and wanton disregard for the safety of others, and the reckless act injures another, an Illinois court might permit the injured person to ask a jury to award punitive damages against the intoxicated driver.
