Aggressive Driving and the Law

Accidents caused by aggressive driving behavior have been happening with increasing frequency over the years. This article explains what the law views as aggressive driving, the risk that such behavior poses to others on the road, and outlines the penalties for it.
The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as "when drivers commit a combination of moving traffic offenses so as to endanger other persons or property". While this is a broad definition that encompasses a large number of behaviors, the main focus tends to be on excessive speed, tailgating, violating traffic control devices (such as stop lights and stop signs), and road rage. According to the NTHSA, nearly 90 percent of drivers view aggressive driving as a serious threat to their own safety, and with good reason.

Under this umbrella definition, aggressive driving has been cited as a factor in as many as 56 percent of all fatal accidents in the United States. In fact, from 2004-2007, aggressive driving was a contributing factor in 106,727 fatal crashes. Excessive speed, whether over the limit or too fast for the conditions, led to the largest number of fatal aggressive driving wrecks, causing 30.7 percent. Speed was followed by failure to yield the right of way at 11.4 percent and reckless or erratic driving at 7.4 percent.

The issue is widespread across the entire country, but is particularly problematic in large metro areas. The cities with the highest rate of aggressive driving deaths are:

Riverside - San Bernardino, CA
Tampa, FL
Phoenix, AZ
Orlando, FL
Miami, FL
Las Vegas, NV
Ft. Lauderdale, FL
Dallas - Fort Worth, TX
Kansas City, MO-KS
San Antonio, TX

In light of this growing problem, 11 states have laws specifically defining aggressive driving behavior. In most cases, driver's must commit 2 or more moving violations to be considered driving aggressively. Of these 11 states, California has the harshest penalties with fines of up to $10,000, license revocation of up to 6 months, and jail time of up to 6 years.

If you encounter an aggressive driver on the road, there are a few steps you can take to reduce your risk of being involved in an collision with them. Most importantly, calmly and safely attempt to maneuver out of their way. Do not engage the aggressive driver with gestures or with aggressive driving of you own. This will only escalate an already dangerous situation.

Initially, try to give the driver the benefit of the doubt. Sometimes they may not realize that they are driving aggressively or committing infractions. However, if you feel that the other driver is putting the safety of others at risk, call the local authorities or, if on the interstate, dial #77 to report aggressive drivers. If the driver is involved in a crash further down the road, stop in a safe place, wait for the police to arrive, and report the behavior you witnessed.