In 2017 in Pennsylvania, there were approximately 1,137 traffic fatalities and more than 58,000 crashes that resulted in injuries. The number of roadway fatalities was the lowest recorded in 90 years. Often these accidents are the result of drivers that are operating recklessly.
Pennsylvania Annual Data
2015 |
2016 |
2017 |
|
Total Crashes |
127,127 |
129,395 |
128,188 |
Total Fatalities |
1,200 |
1,188 |
1,137 |
Reckless Driving (§3736)
The general statute defining reckless driving explains that it is committed by a driver who operates a vehicle with “willful or wanton disregard for the safety” of other people or property. This is considered a summary offense that carries a fine of $200. A summary offense is less serious than a misdemeanor in Pennsylvania. A maximum jail term of 90 days and a maximum fine of $300 may be imposed.
Distracted Driving
One common problem in recent years has been distracted driving. This is most commonly associated with drivers who are using their handheld devices while driving. Over the last five years in Pennsylvania, there were more than 18,400 drivers cited for distracted driving. Montgomery County led all counties in Pennsylvania with 2,097 citations during that time.
Careless Driving (§3714)
This is an offense involving a motorist who drives with “careless disregard for the safety of persons or property.” It is also charged as a summary offense. The fine may be enhanced to $250 if the offense results in unintentional severe bodily injury. The fine may be enhanced to $500 if the offense results in an unintentional fatality.
Aggravated Assault by Vehicle (§3732.1)
A motorist who operates a vehicle recklessly may face a significantly more serious charge of aggravated vehicular assault. This is when recklessness or gross negligence results in someone becoming seriously injured. Gross negligence is demonstrated by acts that involve more than “ordinary negligence, inadvertence, laxity, or indifference.” The behavior may be defined as having been “flagrant” or otherwise brazenly committed.
This charge does not apply to a motorist who is operating under the influence of alcohol or drugs at the time. The prosecution may charge the defendant with a third-degree felony offense. This is a serious level of offense that is punishable by up to seven years in prison and a fine of up to $15,000. The court may also impose an additional two years of imprisonment when certain conditions apply including:
- The motorist was operating in a work zone at the time of the offense
- The driver did not have a valid operator's license at the time
- It is proven that the driver was text messaging at the time of the offense
- The driver failed to adhere to traffic laws that relate to exercising caution when approaching an emergency vehicle
When the prosecutor intends to pursue the additional sentence, they must disclose this to the court early in the proceedings.
Defense Attorney Represents Motorists Accused of Reckless Driving
Law enforcement agencies across Pennsylvania are increasing targeting drivers who demonstrate reckless behavior. This may include those driving aggressively, using wireless devices, operating under the influence of alcohol or drugs, and more. Those faced with such allegations are encouraged to contact the LLF Law Firm at 888-535-3686 for experienced defense counsel.