(300+)Motor vehicle crashes are consistently a leading cause of accidental injuries in Philadelphia. Most car accidents are preventable with the proper safety precautions. Unfortunately, aggressive driving remains a significant problem in our region. Aggressive driving crashes are far too common in Pennsylvania. Here, our Philadelphia car accident attorney explains the key things to know about aggressive driving crashes.
What is Aggressive Driving?
Aggressive driving is the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property. In most cases, it involves deliberate and unsafe driving behaviors performed with disregard for safety or traffic laws.
Pennsylvania does not have a statute titled “aggressive driving” that sets out a specific definition. The law instead uses the offense of reckless driving under 75 Pa. C.S. § 3736. The penalty for driving “in willful or wanton disregard for the safety of persons or property.”
Aggressive Driving Statistics
The National Highway Traffic Safety Administration (NHTSA) emphasizes that aggressive driving is extremely dangerous. How common is aggressive driving? It is a big issue. The AAA Foundation for Traffic Safety published a study that found aggressive behavior is nearly universal: 96 percent of surveyed drivers admitted to at least one aggressive act in the past year. Of course, some drivers repeatedly engage in aggressive acts while behind the wheel. The Pennsylvania Department of Transportation (PennDOT) reports 5,897 aggressive driving crashes statewide in 2023 alone. The crashes were responsible for thousands of injuries and 106 confirmed fatalities. Alarmingly, the true toll of aggressive driving is almost undoubtedly far higher, as it is likely reported as a cause of crashes in the official Commonwealth data.
Examples of Aggressive Driving Accidents
Aggressive driving in Philadelphia can come in a wide range of different forms. Some of the most common examples of aggressive driving include:
- Extreme Speeding: A driver who operates his or her vehicle far above the speed limit is driving in an unsafe, unlawful, and aggressive manner. Extreme speeding is always dangerous. That is true whether it happens on busy highways, rural roads, or urban areas.
- Weaving Through Lanes: Weaving through lanes of traffic is another all-too-common form of aggressive driving. In many cases, the driver who is weaving through traffic is always speeding. Though that is not required for it to be an aggressive act.
- Tailgating: Drivers should leave adequate stopping distance between themselves and the vehicle in front of them. Tailgating is a form of aggressive driving. Not only can it intimidate other drivers, but it can also dramatically increase the risk of a crash.
- Brake Checking: Brake checking happens when a driver slams on the brakes hard without good cause. It is meant to force a reaction from the driver who is following. It is an aggressive act that could be the cause of a rear-end collision.
An Overview of Aggressive Driving Crash Liability in Pennsylvania
Pennsylvania also follows a “choice no-fault” insurance system. After a crash, each driver’s Personal Injury Protection (PIP) coverage pays for medical expenses and lost wages regardless of fault. However, drivers who choose full-tort coverage retain the right to file a liability claim against the aggressive driver for pain and suffering. Those who elected limited-tort coverage may only sue if their injuries qualify as “serious” under state law. If you were seriously injured in a crash with an aggressive driver, you always have the right to bring a claim against them.
Aggressive driving causes crashes. It is a dangerous act, and a responsible driver should be held accountable. When a crash results from aggressive driving in Pennsylvania, liability for the crash is generally based on the principles of negligence. The driver who acted recklessly or aggressively (speeding, tailgating, brake-checking, etc) must have breached the duty to drive prudently. That breach must directly cause the collision and resulting damages. Every suspected aggressive driving crash should be thoroughly investigated by an experienced Philadelphia car accident lawyer.
Note: Pennsylvania follows a modified comparative negligence rule. Even if the aggressive driver is at fault, an injured victim’s share of fault still matters as well. If the injured victim is 51 percent or more at fault, they cannot recover damages. If they are 50 percent or less to blame for the crash, they can pursue compensation.
Recovering the Maximum Financial Compensation After an Aggressive Driving Crash
In Pennsylvania, car accident victims have the right to seek compensation for the full extent of their damages, including non-economic losses. Do not rely on any insurance company to look out for your best interests after a crash with an aggressive driver. A proactive approach is a must. Our Philadelphia car accident attorney is prepared to help you seek compensation for:
- Vehicle repairs, including the replacement of your car;
- Ambulance costs and other emergency medical services;
- Hospital bills and other health care expenses;
- Physical therapy and mental health counseling;
- Loss of wages and loss of earning power;
- Pain and suffering and mental distress;
- Disability or disfigurement; and
- The wrongful death of a family member.
Why Trust Our Philadelphia Car Accident Lawyer for Help With an Aggressive Driving Crash
Aggressive driving accident claims are complicated. Following a serious wreck with an aggressive driver, it is normal to have a lot of questions about your rights and your options. At Gibbons & Crichton, we have extensive experience taking on big insurance companies after crashes. With more than $100 million recovered for clients, we have a strong record of case results and client testimonials. With a law office located in the heart of Philadelphia (19103), our firm is well-positioned to represent aggressive driving accident victims throughout the region.
Contact Our Philadelphia Aggressive Driving Accident Attorney Today
At Gibbons & Crichton, our Philadelphia car accident lawyers have the skills and experience to hold aggressive drivers and insurers accountable. If you or your loved one was hurt in a collision with an aggressive driver, we are here to help. Call us now or contact us online for a free, no-obligation case review. Our Philadelphia office is located in the 19103 zip code, and we handle aggressive driving accident cases throughout the entire region, including in 19120, 19124, 19111, 19149, and 19134.
