As top road rage accident attorney offices providing free accident lawyer help in every state, we are experienced with 2022 local road rage law in each jurisdiction and understand that roadway aggression incidents are a very serious problem that is growing throughout the country today.
Most of us have seen it… someone is riding too close behind another driver or someone cuts off another car. Soon after, the driver that feels as though he is being wronged loses it, creating a road rage situation. In some cases, that rage and aggressive driving results in an accident.
If you have fallen victim to an aggressive driver with damage to your vehicle, you are entitled to monetary compensation because road rage is a blatant act of negligence and a local free accident attorney will be your advocate to get the highest settlement amount after filing a road rage lawsuit claim.
What is Road Rage?
This would seem like something that would be easily defined, but that is not always the case. It is easy to get agitated on the road but agitated does not necessary constitute road rage. Aggressive driving and road rage are defined as two different states, with aggressive driving being factored into road rage. Aggressive driving is putting people or property in danger. Road rage is defined as an “extreme” version of aggressive driving that also includes violent and/or angry behavior.
In addition to a possible civil matter, road rage can also result in criminal charges being filed, with the vehicle being considered a deadly weapon.
Aggressive Driving v. Road Rage
Road rage can result from aggressive driving interactions, but there is a difference. Some examples of aggressive driving would be;
- Running stop signs and/or lights
- Slamming on the brakes when being tailgated
- Cutting off a driver
- Driving over the lane lines
- Not using signals when changing lanes
- Slowing down to purposely block another driver
Now, most of us see some or all these types of driving on a daily basis but they do not always lead to road rage. It is very easy, however, to understand how any of these could push someone over the edge, especially if they got behind the wheel in an already agitated state.
When aggressive driving escalates to road rage, some of these elements are generally present:
- Obscene gestures or cursing at another driver
- Throwing objects at driver of another vehicle
- Purposely sideswiping or ramming another vehicle
- Forcing a car off the road
- Physically assaulting the operator of another vehicle
Who Is at Fault in Road Rage Accidents?
The aggressive driver is going to be the individual found at fault in most road rage incidents. The exception would be if it could be proven that the “other” driver did something to trigger the driver being accused of road rage. Even then, however, there will still more than likely be fault to the overly aggressive driver that caused the actual accident.
As the aggrieved party, however, you may find it challenging due to the fact aggressive driving is an intentional act. Point being, not only is this often not covered by insurance companies, but it can also lead to the driver losing his or her insurance, so you may have to go after the driver in a personal injury lawsuit.
In all likelihood, your insurance will cover some of the costs, but it is unlikely to compensate for everything, especially when lost wages as well as pain and suffering are brought into the equation. These cases can obviously get quite complicated, which is why it is always best to, at the very least, consult with an auto accident injury attorney before acting on your own.
How Long to File a Claim in Road Rage Case?
Every state will have its own statute of limitations on when a case for road rage can be filed. For instance, the deadline in California is two years. This gives you plenty of time to bring the case, especially if you start to see medical bills piling up that you had never expected. If you were not at fault in the accident, you will have to bring a lawsuit against the driver of the other vehicle to recover these costs.
Do I Need an Attorney for a Road Rage Lawsuit?
If you feel victim to a violent and aggressive driver that resulted in injury or loss/damage to your personal property, hiring a personal injury attorney is a smart move. As we mentioned above, these cases can be difficult to navigate, especially when it comes to proving that the other driver was experiencing road rage at the time of the accident.
Rather than take on this burden yourself, contact one of our skilled personal injury attorneys to discuss the case. Your consultation is free of charge and you are under no obligation to use our services for just discussing the case. Give us a call at 855-633-0888 to see if we can help. Or, if you would prefer to learn more about our legal services before reaching out, please click here.
Taryn J. White is a legal research specialist and Injury law news reporter. Her current accomplishments include helping those facing any injuries from vehicle accidents, workplace accidents, and medical malpractice.