We all occasionally lose our temper. The only problem comes when that anger turns into destructive action. That is the basis of every road rage incident. This behavior is more than just an inconvenience. It’s dangerous, and it can lead to serious accidents.
If you’ve been injured in a car accident because of an angry driver, you may be wondering: Can you sue an aggressive driver for a road rage accident?
This type of driver can be held responsible if their reckless behavior causes an accident.
Depending on the circumstances, they could be on the hook for paying back your medical bills, lost wages, car repairs, and even pain and suffering. In some cases, they could also face criminal charges.
What Counts as Road Rage?
Road rage is more than driving a little too fast or getting frustrated behind the wheel.
This is aggressive, reckless behavior that puts others at risk. Many times, it leads to serious car accidents.
Some types of road rage include:
- Tailgating: Following too closely to intimidate another driver.
- Brake-checking: Slamming on the brakes suddenly to make another driver react.
- Excessive speeding: Aggressively driving over the speed limit.
- Cutting off other drivers: Swerving in front of someone to block them.
- Chasing another car: Following someone aggressively after feeling “wronged.”
- Yelling or making obscene gestures: Expressing anger in a threatening way.
- Intentionally causing a crash: Using a car as a weapon to harm or intimidate.
While aggressive driving is dangerous, road rage takes that to another level. If a driver intentionally puts you in harm’s way or causes an accident, they should and can be held accountable.
Liability in a Road Rage Accident
Crashes resulting from road rage only account for 2% of all vehicle accidents, according to a Psychiatry study. But when they do occur, it can leave you with plenty of unexpected expenses and physical injuries.
If you were in an accident because of an aggressive driver, you have the right to sue them for damages. In a legal sense, their behavior could fall under:
- Negligence: If the driver acted recklessly and caused an accident, they failed to drive safely.
- Gross negligence: If their actions were extremely careless, such as running you off the road, they could be held responsible for even more damages.
- Intentional misconduct: If they deliberately hit your car or tried to harm you, you could have a case for assault or intentional infliction of emotional distress.
Even if the driver faces criminal charges, you can still file a lawsuit against them in civil court.
Proving This Type of Claim
If you decide to take legal action, you need strong evidence to make your case. Some of the best proof includes:
- Police reports: If officers responded to the accident, their report could document aggressive behavior.
- Dashcam or surveillance footage: Video evidence of the driver’s road rage can solidify your claim.
- Eyewitness statements: Bystanders or other drivers are important to confirm what happened.
- Medical records: This documentation shows you suffered injuries due to the crash.
- Traffic citations or arrest records: If the driver was ticketed or arrested, that can strengthen your case.
If you were in a road rage accident, you need to collect as much evidence as possible.
That can make a big difference when seeking compensation.
What to Do After a Road Rage Accident
If you’ve been in an accident caused by road rage, your safety comes first. However, you do need to take a few steps to protect yourself.
First, you will want to call 911. Make sure to report the accident and let the police know if the other driver was acting aggressively.
While your instincts might be to defend yourself, you should never engage with these drivers. Someone willing to cause an accident is dangerous. You need to avoid confrontation with the aggressive driver and let law enforcement handle it.
As with any accident, get medical help and collect as much evidence as possible from the scene. If you decide to pursue a legal claim, you will need that for your case.
After that, you may want to speak to a personal injury lawyer. They can help you find the right option that may be appropriate for your claim. In some cases, you may be able to receive punitive damages, along with your damage award, since road rage could be considered egregious behavior.
Whether they were tailgating, cutting you off, or intentionally ramming your car, the reckless actions of another driver can make them legally responsible for your injuries and damages.
If you’ve been hurt in a road rage accident, Forbes Law Offices can help. Our legal team is always available to provide you with an initial consultation.
