Who Is at Fault in a Road Rage Accident?

Driving can be stressful for everyone. Traffic, running late, or personal problems can make driving even more frustrating. Some drivers don’t handle stress as well, and they take it out on other drivers. Road rage incidents can be dangerous, increasing the risk of an accident.

If you are injured in a road rage accident, the aggressive driver should be responsible for what they did. A car accident case can help you get money for your losses after a road rage driving accident. Talk to your car accident lawyer in your state for help with your auto accident claim.

What Is Road Rage?

Road rage is also known as aggressive driving. According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving means operating a motor vehicle in a manner that endangers other people or property. Aggressive behavior can include:

• Yelling and shouting
• Dangerously changing lanes
• Repeated honking
• Obscene gestures
• Tailgating
• Running red lights

Road rage is dangerous for other drivers and increases the risk of a car accident. But road rage can also lead to criminal charges. Depending on the state, reckless driving is charged as a misdemeanor or gross misdemeanor. A reckless driving conviction can include a fine, jail time, and a suspended license.

Is Road Rage Increasing?

The number of road rage incidents may be unknown because they often go unreported. The AAA Foundation for Traffic Safety found road rage contributed to more than 12,000 serious injuries and over 200 fatalities from 1990 to 1996. Road rage shootings are on the rise. More than 550 were shot in road rage shootings in 2022.

Angry drivers are more likely to get in car accidents, near accidents, and get speeding tickets. Factors that can contribute to aggressive driving include:

• Running late
• Traffic congestion
• Anonymity
• Disregard for the law and others
• Habitual or clinical behavior

Can I Sue Someone for a Road Rage Accident?

You can sue someone for a road rage accident if they caused any injuries or property damage. In a civil car accident claim, a road rage victim can sue the other driver for financial damages. To win a lawsuit against the aggressive driver, you must show they were negligent in causing the accident.

Negligence is the breach of a duty of care to drive like a reasonable person. Traffic violations may also be evidence of negligence. For example, if the raging driver is speeding or runs a stop sign, those traffic violations can show the driver was negligent in causing the accident.

If you file a lawsuit, most personal injury cases settle before trial. A settlement is an agreement to take a certain amount of money to drop the legal claims. A fair settlement amount can help you avoid the stress, time, and expense of going through a trial. Talk to your car accident lawyer if you have questions about settlement negotiations.

Who Will Pay for Damages in a Road Rage Accident?

The damages in a car accident lawsuit include losses caused by the accident. This includes medical expenses, lost income, future medical care, loss of earning capacity, and pain and suffering. In some road rage accidents, a judge may also award punitive damages to further punish the dangerous driver.

Who pays for damages can depend on insurance coverage, the cause of the accident, and your state laws. Some states are “no-fault” states for car accidents. Drivers with personal injury protection (PIP) will generally have their damages paid for by their own insurance coverage. Check with your insurance policy to understand your coverage.

In at-fault liability states, the at-fault driver or their insurance policy should pay for the damages. If the road rage driver caused the accident and is at fault, they should pay for your damages. But suppose the other driver is uninsured or doesn’t have enough coverage to pay for your injuries. You may still be covered if you have uninsured motorist/underinsured motorist (UM/UIM) coverage.

How Can a Car Accident Lawyer Help You?

If you are injured in a road rage incident, you deserve compensation to pay for your medical bills and property damage. A personal injury claim can help you get money to pay for your losses. An experienced personal injury attorney can file a lawsuit to hold the aggressive driver accountable.

If the auto insurance company doesn’t offer a fair settlement deal, don’t agree to the settlement without understanding your legal options. A car accident attorney can negotiate with the insurance company, so you don’t have to. Your personal injury lawyer can also position you to get the largest settlement amount available.