Your Rights if a Reckless Driver Caused Your Accident in PA
Impact of Reckless Driving when Filing a Claim for Accident Injuries in Pennsylvania
Reckless driving is a growing problem in Pennsylvania and the U.S. in general. Traffic safety experts and lawmakers are concerned. Speeding is a prime example of reckless driving. According to the National Highway Traffic Safety Administration (NHTSA), speeding alone, just one aspect of reckless driving, was a factor in about 29% of all fatal crashes in the U.S., causing more than 9,000 deaths annually. Speeding has two downsides: it reduces a driver’s ability to react to road hazards, and it increases the severity of crashes.
Reckless driving also includes driving under the influence of drugs and alcohol, not obeying traffic signals and signs, changing lanes in an unsafe manner, tailgating, not yielding the right-of-way, weaving dangerously in and out of traffic, and failing to slow down in bad weather to match road conditions. Another term for this type of driving is aggressive driving. Recklessness also includes distracted driving, which claims the lives of thousands of people each year. Texting, phone calls, and other distractions impair a driver’s concentration. The impact that reckless driving has in the U.S. and on its citizens is staggering. It played a big role in the fact that more than 42,000 people died in traffic accidents in the U.S. in 2021, the highest number in ten years. Traffic accidents cost lives; they cost the country the pain and suffering of survivors, and they also cost billions of dollars every year in medical bills, property damage, and lost productivity.
When an accident caused by a reckless driver happens to you in Pennsylvania, it it crucial to understand your rights, to know what constitutes reckless driving, the various ways that a skilled personal injury attorney such as those at our law firm, Cohen & Riechelson, can prove reckless driving in your accident claim, and how our legal team can use this to your advantage when seeking maximum damages from the at-fault party who caused your injuries while driving recklessly. If you have questions and concerns regarding the implications of reckless driving in your car accident claim and would like to know more about how we can help fight for your rights, contact our local offices in Bensalem today at (215) 337-4915. One of our experienced accident lawyers is ready to assist you in a free consultation.
The Legal Meaning of Reckless Driving in Pennsylvania
According to Section 3736 of Pennsylvania state statutes, a reckless driver is “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property.”
The Serious Repercussions of Reckless Driving in PA
Pennsylvania has a strict approach to reckless driving charges. A person who’s convicted of reckless driving in this state will be fined at least $200, and their license is suspended for at least six months. There will also be points on their license. If reckless driving causes an accident with injuries, the state ups the ante. It requires at least $1,000 as a legal fine plus 90 days in prison. If reckless driving causes loss of life, the fine could go up to as much as $25,000 and a minimum prison sentence of one year.
If you’re the victim of a reckless driver, this article summarizes what you need to know to seek compensation for the pain and suffering you’ve endured.
| Offense Type | Penalties |
|---|---|
| Basic Penalty | – Minimum fine of $200 – License suspension of at least six months – Points added to driver’s record |
| Injury Accident | – Minimum fine of $1,000 – Mandatory jail sentence of 90 days |
| Fatal Accident | – Fine up to $25,000 – Mandatory minimum jail sentence of one year |
The Power of Proving Reckless Driving in PA Accident Claims
Proving that the other driver was reckless can make your argument that they were at fault much stronger. If you can prove that the other driver was driving recklessly, meaning dangerously, it’s much easier to argue that they caused the accident. If you can prove the other driver wasn’t following the traffic rules and acted in a way that directly caused the crash, your case will be strengthened. If you have evidence—witness statements, traffic cameras, or police reports—it becomes even clearer that the other driver was being reckless. Proving that someone drove recklessly might mean that they are required to pay more in damages because it shows an intentional disregard for safety.
The Evidence You Need to Build a Strong Case Against a Reckless Driver in PA
To prove reckless driving, you will need strong evidence that the other driver was acting dangerously or breaking traffic laws. The following are the types of evidence that will help.
The Role of Witness Statements in Proving Reckless Driving
People who saw the accident can describe what they saw, such as whether the other driver was speeding, running a red light, or swerving between lanes.
Police Reports Can Strengthen Your Accident Claim
After an accident, the police usually write a report. It might mention if the other driver was speeding, drunk, or breaking the law. If the police note reckless behavior, it’s strong evidence.
Traffic Camera Footage Can Help Your Case
Many roads have cameras that record cars driving. If a camera caught the other driver speeding, running lights, or driving dangerously, that footage can be very helpful to your case.
Dash Cam Footage Can Unveil Reckless Driver Behavior
Some cars and trucks have dash cameras that record what’s happening on the road. This footage can show how the other driver was behaving.
Skid Marks & Vehicle Damage Can Reveal Dangerous Driving
Physical signs, like skid marks on the road or damage to cars, can help. Long skid marks, for example, may show the driver was speeding and tried to stop too late.
Test Results Used in Proving Reckless Driving
If the driver was suspected of being drunk or on drugs, test results can prove it. Driving under the influence is a clear sign of reckless driving.
How to Protect Your Pennsylvania Accident Claim if You Were Less at Fault than a Reckless Driver
Pennsylvania’s comparative negligence law allows you to receive compensation after an accident even if you were somewhat at fault. You need to know, though, that the law follows the “51% rule.” This means your ability to recover damages depends on how much fault you share. So, if you are less than 51% at fault, you can still recover damages, but your compensation changes based on the percentage of fault that you are assigned in the crash. For example, if you are found to be 20% responsible for the accident and your total damages are $10,000, you would only receive $8,000 (80% of the total). If you are 51% or more at fault, you cannot recover any compensation. In other words, you have to be less responsible than the other party in order to receive any compensation.
This can affect your claim. The amount of money you can recover will depend on how much of the blame is found to be yours. The other driver, or their insurance company, might try to claim that you were more at fault so they can lower their payout or deny the claim completely. That’s why you need to get your hands on strong evidence to show that your role in the accident was minimal. You’ll also need a great attorney, like those at Cohen & Riechelson, to help you show that your role was minimal.
This law is designed to be fair, allowing you to recover damages even if you had some responsibility, as long as you are not more at fault than the other driver. Here’s a table summarizing the key points about compensation under Pennsylvania’s comparative negligence law:
| Fault Percentage | Effect on Compensation |
|---|---|
| Reduced Compensation | Compensation is reduced in proportion to your percentage of fault. |
| No Compensation (51% or More) | If found 51% or more at fault, you are ineligible to receive any compensation. |
Shifting Responsibility in Accident Claims by Proving the Reckless Driver’s Fault
If the other driver was driving recklessly, it can reduce or even take away your responsibility for the accident, thereby increasing the likelihood of substantial compensation. If you have strong enough evidence that the other driver was reckless, their actions could be seen as the main reason for the accident, and you can shift the blame to them, making you less responsible. And even if you did make a small mistake but the other driver was driving dangerously, their behavior would likely be blamed for the accident more than yours.
Obtaining Full Damages when Injured by a Reckless Driver in Pennsylvania
If you can prove reckless driving by the other party, it can lead to higher compensation. His recklessness can affect the types of damages you can receive for three major categories of damages. Pain and suffering refers to the physical pain and emotional fallout of the accident. The more dangerously the other driver behaved, the more likely you are to get higher compensation. If the accident was traumatic, you might experience anxiety, fear, or even post-traumatic distress disorder. You can be compensated for the emotional distress caused by the accident. If other driver’s actions were very dangerous, like in drunk driving or road rage, the court may award punitive damages. This is done to punish the driver and discourage others from driving like him or her. Punitive damages can be much higher than the other types of damages and are rewarded on top of them.
Your Action Plan After a Reckless Driving Accident in Pennsylvania
If you’re involved in a reckless driving accident, it’s important to take steps to ensure safety and to manage the situation properly.
- You need to check to see if you and anyone else involved are hurt. If anyone is injured, call for medical help.
- If possible, move the vehicles to a safe spot to avoid further accidents. Then, report the incident to the police. They will write an official report that is vital for any claim.
- Document the scene by taking pictures of the accident and the damage to the vehicles. Get the contact information, insurance details, and license plate numbers of all parties.
- If there are any witnesses, ask for their contact information, and ask them what they saw. As for you, it’s important not to admit fault or apologize at the scene, because this could create legal issues for you later.
- Call your insurance company and report the accident. Even if you feel fine, see a doctor to make sure you’re not injured—some injuries may not be felt right away.
- Consider consulting a lawyer to understand your rights and options. Keep track of all medical treatments, car repairs, and any letters, calls or emails related to the accident.
All the above will help you protect yourself and lay the groundwork for an effective claim later, if necessary.
Contact Our Pennsylvania Reckless Driving Accident Attorneys to Secure Maximum Compensation in Your Claim
If you want to make sure you receive full compensation for your injuries and losses after an accident, getting legal help is vitally important. Call the experienced Pennsylvania accident attorneys at Cohen & Riechelson for a free evaluation of your case today. Our lawyers know the laws and can guide you through the complex legal system. This leads to a better outcome for you. We will look at all factors, such as medical bills, lost wages, and the full scope of your damages, to make sure you ask for a fair amount of money.
Dealing with insurance companies is an art form that takes skill and practice. They try to pay out as little as possible, but our lawyers have experience negotiating with them and can help you get a settlement that is much higher than what you might get on your own. Our attorneys will keep you from making the mistake of accepting a low-ball settlement from an insurer. Our lawyers can collect evidence like medical records, accident reports, and witness statements to build a strong case for you. If your case goes to court, having a lawyer is essential. We are highly familiar with legal procedures and can present your case effectively, which increases your chances of winning.
Our personal injury lawyers work on a contingency basis, meaning you don’t have to pay upfront. Our lawyers only get paid if you win your case. Essentially, this means that our goals are in alignment with yours. Having legal representation also gives you peace of mind. After an accident, you have to deal with so much on your own. Our legal team allows you to focus on your recovery while we handle the legal details. Contact us at (215) 337-4915 today. Our attorneys, expert in Pennsylvania personal injury law, are ready and eager to help with your reckless driving claim. Don’t delay—time is of the essence!