Unfortunately for the victims of this offense, this question is difficult to answer. Unlike more black-and-white infractions like drunk driving or speeding, reckless driving does not have a neat definition. However, every Pennsylvania resident knows it when they see it. When was the last time you saw another car aggressively weaving in and out of traffic on a packed highway at rush hour? Chances are it wasn’t too long ago.
If you’ve fallen victim to a reckless driver in Pennsylvania, you have options. We discuss them in detail in this blog post.
Section 3736 of Title 75 of the Pennsylvania Consolidated Statutes defines “reckless driving” as operating a vehicle “in willful or wanton disregard for the safety of persons or property.” The law is violated when a driver either increases the probability of a serious accident or is aware of the situation but disregards the risk of their act.
In practice, actions that can attract reckless driving charges include:
However, because most of these are subjective to some degree, it can be difficult to establish that a driver’s conduct in a given case should amount to reckless driving.
Pennsylvania is what’s called a “choice no-fault" state, so you may be able to file a car insurance claim with your own coverage provider even if you weren’t to blame for your crash, if you have no-fault insurance coverage.
However, no-fault coverage typically has quite limited benefits. So, if you sustain serious physical injuries and very costly property damage, you’ll likely have to file a personal injury lawsuit to recoup all your financial losses.
Additionally, if you don’t have no-fault coverage, you’ll only be able to recover insurance benefits if you can prove that the at-fault driver was indeed responsible for your accident. In many cases, you’ll need to hire a car accident lawyer to work on your case to achieve this.
Drivers convicted of reckless driving (without causing serious bodily injury to others) can be given the following penalties:
However, if the convicted driver causes serious bodily injury, they can be convicted of aggravated assault by vehicle—a 3rd degree felony—which can carry a sentence of up to 7 years in prison and a maximum fine of $15,000.
Pennsylvania also has a lesser offense called “careless driving.” If convicted, a driver can face:
It’s important to note that criminal charges and civil cases (that is, personal injury claims) are entirely separate matters, even when they relate to the same act. It’s possible for a criminal defendant to be found not guilty of a reckless driving charge, but to be found liable for damages in a civil case. In fact, this is not an especially unlikely outcome, as the standard of proof required for a conviction in a criminal case is much higher than the standard needed to establish liability in civil court.
If you’ve suffered injuries and property losses because of the negligent behavior of another driver, you may think you have more pressing concerns than legal action to deal with. However, it’s only fair that you receive compensation if you’re in this situation, and hiring a law firm to represent and advocate for you vastly improves your chances of getting it.
If you have been arrested or charged with reckless driving in the state of Pennsylvania, contact The Cochran Firm in Philadelphia today. You can reach us over the phone at 800-969-4400, or via the contact form on our website.
