Every day, thousands of motorists experience the frightening and dangerous effects of road rage. When emotions escalate behind the wheel, the potential for accidents and injuries increases dramatically. If you have been in a car accident caused by road rage, it is essential to understand your rights and the legal options available to you.
When drivers need to share the roadway, they often have conflicts. Drivers may each believe that they have the right of way and may grow angry if they feel that another motorist impedes them. In some cases, it does not take much for another driver to lose their tempers behind the wheel due to anger management issues. You may be the victim of road rage due to an innocent and momentary disagreement that the other driver took too far.
Even though road rage is a criminal matter, you still have the legal right to financial compensation from the other driver responsible for the accident. It is similar to a drunk driving case, where there is both a criminal and civil legal process. You can file a lawsuit against the other driver, independent of the possible criminal proceedings against them.
You need the help of a Sebastian car accident attorney anytime you have suffered an injury in a motor vehicle crash. Your compensation depends on whether you get assistance from a car accident attorney. Trying to deal with the insurance company on your own will undoubtedly cost you money. The good news is that an initial consultation with a car accident attorney is free, and you do not have to pay them anything if you do not win your case. Your car accident attorney only gets paid when you do; you do not have to write a check directly from your account. They will receive an agreed-on percentage if you get a settlement or jury award.
What Is Road Rage?
There is a fine line between aggressive driving and road rage. Even though aggressive driving is dangerous and the law prohibits this conduct, there is also a significant degree of wrongfulness to it. Here, the driver is taking a conscious action that can harm you because they feel they need to win a fight or retaliate against you for a perceived slight.
Road rage is sometimes far more than honking a horn and yelling obscenities. There is nothing per se illegal about cursing another driver or making an obscene gesture. Aggressive actions venture into the realm of the unlawful when the driver takes conscious action with their vehicle, which can put you in danger.
Examples of road rage that can put you in harm’s way include:
- Suddenly cutting in front of you and slamming the brakes
- Blocking the lane that you are trying to drive in
- Bumping your car at a high speed
- Forcing you off the road
- Excessively tailgating you on your back bumper
Road Rage Can Also Involve the Use of Weapons
Road rage can also occur when the driver does not necessarily do anything with their vehicle but they do exhibit some other threat or use of actual force. For example, the driver may pull out and brandish a gun to intimidate you. They may even try to shoot at you or your tires to maim and injure you. Road rage may even end with someone attempting to murder killing the driver.
Road Rage Incidents Are Up Considerably in Recent Years
Road rage is far more common than you think. According to one survey, 96 percent of drivers state they have witnessed an act of road rage in the prior six months. Further, the amount of road rage incidents has sharply increased in the past decade as drivers feel like they have fewer inhibitions and restraints on their conduct. One study claims that road rage incidents have grown 500 percent in the past ten years.
Many drivers tend to respond to wrongful actions by other drivers with one of their own. In many cases, this may involve cursing and obscene gestures. One study by the American Psychological Association found that 50 percent of drivers responded to another driver’s carelessness with an aggressive action. Although using a car as a weapon is rare, it results in many injuries and even deaths each year.
Civil and Criminal Road Rage Cases Are Distinct Legal Matters
Civil cases after a road rage accident proceed differently from criminal charges against the driver. Road rage is also a criminal offense, and law enforcement can charge someone with reckless driving, leading to a suspension of their driver’s license and potential jail time. The police may also charge a motorist with assault using a vehicle. If the accident was serious, and you suffered an injury, there is even more of a chance that the driver will have to go to jail.
While justice and accountability can certainly ease your mind, you also want to receive compensation for the injuries that you have suffered. Theoretically, you have an easier path to winning your civil case than a prosecutor has in winning a conviction. In a criminal case, the prosecutor must prove their case beyond a reasonable doubt to win a conviction. This standard of proof means that no sensible person will reach any conclusion other than guilt in light of the evidence.
In a civil case, you have to prove your facts by a preponderance of the evidence, and this standard of proof is lower than beyond a reasonable doubt. Numerically, it translates to a 51 percent certainty that your facts are accurate. You can receive a settlement in a civil case, even if the prosecutor eventually drops the charges or they do not win their case at trial.
The only way that a lawyer can use a driver’s conviction in a criminal case in your civil case is if the motorist pleads guilty to the crime. Otherwise, a conviction in a contested criminal case is not permittable evidence for your civil case, and you still need to prove your facts.
You Do Not Have to Prove Road Rage
You do not have to prove that your car accident injuries were the result of road rage, although doing so can put you in a better legal position. All you need to prove is that the driver did something wrong that was the cause of your car accident injuries. It will suffice to win your case if you can show that the driver was negligent, which means they performed an unreasonable action under the circumstances. Road rage is an example of recklessness or intentional behavior, a degree of fault that goes beyond negligence.
The driver's action to cause the accident is enough to prove fault, regardless of whether there was any ill intention behind it. For example, if they were weaving in and out of lanes and cutting you off, not correctly checking blind spots before changing lanes is enough to make the driver liable for your car accident injuries.
Proving Road Rage Can Help Your Legal Case
Still, proving road rage can increase your financial compensation. Punitive damages are rare in personal injury cases and far less common in car accident lawsuits. Most car accident cases involve “garden variety” carelessness without reckless or intentional action. Once there is reckless conduct, like aggressive or drunk driving, there is more of a chance that a jury will want to make an example out of the driver. The driver's insurance company will have to pay compensatory and punitive damages if the jury orders it to do so.
You can use witness testimony to prove that the other driver acted with road rage. People may have seen what happened, and they stopped at the scene of an accident when they saw that you had suffered an injury. A police officer may have noted these statements, and they may have even charged the driver with a criminal offense.
You can use other forms of proof to document road rage. You or someone else in the vicinity may have captured what the other driver did on a dashcam, or a traffic camera in the area may have picked up the other driver’s aggressive behavior. Law enforcement may ask for this evidence to use in a criminal case, but you should maintain a copy for yourself to use in your civil case. They may not readily share evidence in your civil case.
When you hire an experienced attorney, they can gather evidence such as eyewitness testimonies, video footage, and police reports to build a strong case in your favor. They understand the intricacies of the law and can identify the relevant statutes and precedents that apply to your situation. This knowledge allows them to develop an effective legal strategy that maximizes the chances of getting a favorable outcome.
Road Rage Crashes Can Often Lead to Hit-and-Run Accidents
If the other driver was reckless and menacing enough to exhibit road rage, there is also a chance that they may not have stopped at the scene of the accident. Then, you are the victim of a hit-and-run. You may still have a right to financial compensation, but the money will come from your insurance company unless law enforcement catches the other driver.
You can file a claim against your uninsured motorist coverage in the event of a hit-and-run accident. Your insurance company can pay you up to your policy limit, but you must establish fault for the accident. The insurance company may also make you low settlement offers; thus, you will have to negotiate compensation.
The Prospect of Punitive Damages May Bring the Insurance Company Into Line
The fact that a jury may punish the driver’s conduct if your case goes to trial may make the insurance company less challenging to work with in settlement negotiations. Insurance companies may realize that they can only push their luck so far until you feel the need to take your case to court. They may not want to take a chance of ending up in front of the jury knowing what may happen. Insurance companies may even be in trouble with their policyholder if they have an opportunity to settle the case and do not. Then, their policyholder may sue the insurance company for bad faith, notwithstanding their own reckless actions.
You Need a Car Accident Attorney for Any Claim
If you have suffered an injury in an accident caused by road rage, you may have the legal right to full financial compensation for your physical injuries and all the other harm that you have endured. Do not think you can go without a car accident attorney because you expect the insurance company to understand what happened. Even if the insurance company owes you money, it does not mean it will readily pay you. Thus, it is still necessary to know the value of your case so you can conduct an intelligent negotiation. You must evaluate the offers and demand more money if it is insufficient to pay you fully. A car accident lawyer helps you learn the value of your case and stands up for you to get all of it from the insurance company.
The threat of litigation can work in your favor, but it will not have any credibility if a car accident lawyer does not represent you. When insurance companies see you have an experienced car accident lawyer, they know you mean business.
When you hire an attorney, they can help you understand your rights and legal options. They can explain the potential legal ramifications of the incident, such as criminal charges, civil liability, and insurance claims. By clearly understanding your rights, you can make informed decisions and protect your interests throughout the legal process.
Contact a Car Accident Attorney Today
Dealing with road rage incidents is emotionally and physically draining. Having a Sebastian personal injury lawyer by your side can provide invaluable support and peace of mind. They can handle negotiations with opposing parties, communicate with insurance companies, and represent you in court if necessary. This support allows you to focus on recovering from the incident and moving forward with your life. Don’t delay, call today.