“Road rage,” may be a term that is thrown around loosely, but it is also a dangerous and increasingly common phenomenon. In fact, statistics reflect that 1 out of every 3 traffic accidents involve road rage. Road rage can include aggressive driving tactics such as honking, cutting other cars off, driving other vehicles off of the road, speeding, baiting other cars into accidents, and other actions intended to cause harm, confusion, and intimidation. These actions pose a real threat to other drivers on the road, and should not be taken lightly. If you or a loved one have suffered serious injuries as a result of a rage filled driver’s aggressive tactics, you do not have to shoulder the burden alone. You can hold this driver responsible for their reckless and malicious conduct by bringing a personal injury lawsuit against them.
Suing for Aggressive Driving
In some cases, road rage may be its own crime, such as where it amounts to reckless driving or involves illegal actions, like cutting people off or merging without using proper signals. However, if someone else’s aggressive driving causes them to be involved in a crash, it constitutes negligent driving. You can bring a personal injury lawsuit to recover for your damages regardless of whether the other driver also faces criminal charges.
In order to have standing to bring a personal injury lawsuit, you must demonstrate that the other driver was negligent and that their negligence caused you physical and financial harm. In other words, you cannot sue someone merely for being a rage filled driver, even if their conduct was intimidating and alarming. But if that aggressive behavior causes you harm, then you can sue. In order to be found negligent, a driver must have breached their implied duty of reasonable care to all other drivers on the road. A driver breaches their duty of reasonable care when they violate traffic laws or regulations, or behave in a way that would put other drivers at risk, such as by driving while drowsy, distracted, or in a way intended to intimidate, harass, or distract other drivers on the road.
Aggressive driving is often compelling evidence of negligence. You must also be able to provide evidence showing that your physical injuries also caused financial loss. Because personal injury lawsuits are intended to restore a person to the financial position they would have been in had the accident not occurred, there must be a financial injury that can be fixed, otherwise the lawsuit will not serve a purpose. A personal injury lawsuit allows you to pursue compensation for all expenses incurred as a result of the injury as well as compensation for pain and suffering.
If you have been injured by an aggressive driver, you do not have to fight this battle alone. Draper Law Office’s experienced Kissimmee car accident lawyers will make sure that you get the maximum amount of compensation that you are entitled to. Contact the Draper Law Office today to schedule your consultation.