FAQ: Can You Sue Someone for a Road Rage Accident? [2024 Guide]

Understanding Road Rage: Facts and Statistics

Road rage is a more popular term for aggressive driving.

Various factors, which we’ll explore further later, cause drivers to become aggressive.

This detrimental behavior can lead to accidents, injuries, and even fatalities.

The American Automobile Association (AAA) identifies the following actions as typical examples of aggressive driving:

• Tailgating other drivers
• Weaving in and out of traffic
• Speeding excessively or driving under the speed limit to block other vehicles
• Blocking another vehicle from switching lanes
• Disregarding traffic signals and signs, such as running red lights or stop signs
• Yelling or making obscene gestures at other drivers

According to the Insurance Information Institute (III), driving at excessive speed is the most common form of aggressive driving, accounting for 18.5% of all road rage incidents in 2021.

Driving under the influence and reckless driving are the second and third most common forms, accounting for 11.2% and 7.6%, respectively.

In 2023, The Zebra published a survey regarding aggressive driving behaviors in the stated year.

The insurance comparison company noted that 60% of American drivers witnessed provoked drivers making dangerous, unannounced change lanes following a fit of road rage.

The study also revealed that 49% of drivers listen to music or podcasts while behind the wheel to calm down.

Common Injuries in a Road Rage Accident

In road rage incidents, injuries can range from mild to severe, depending on the nature and severity of the confrontation.

Some of the most common, mild, and treatable injuries in road rage car accidents include:

• Bruises and Contusions: These are often the result of minor physical altercations, such as being pushed or struck.
• Scrapes and Cuts: These can occur if a person falls to the ground or if a struggle involves sharp objects or broken glass.
• Whiplash: Caused by a sudden jerk or impact, whiplash is a common neck injury in minor collisions or abrupt stops.
• Minor Burns: If a cigarette or hot beverage is thrown, minor burns can result.

Some of the severe and potentially life-threatening injuries documented in road rage accidents include:

• Broken Bones: Fractures can occur from physical assaults, being thrown to the ground, or car crashes.
• Stab or Gunshot Wounds: In extreme cases, road rage can escalate to the use of weapons, leading to potentially life-threatening injuries.
• Spinal Injuries: Serious accidents can cause spinal damage, leading to partial or complete paralysis.
• Internal Organ Injuries: These can occur from blunt force trauma in a physical assault or car crash, affecting organs such as the liver, kidneys, or lungs.
• Traumatic Brain Injuries (TBI): These result from a severe impact on the head, leading to long-term cognitive, physical, and emotional impairments.
• Post-Traumatic Stress Disorder (PTSD): Both victims and perpetrators can suffer from PTSD following a violent road rage incident.

The severity of injuries in road rage incidents highlights the importance of addressing aggressive driving behaviors and promoting road safety measures.

The Legal Repercussions of Aggressive Driving

Road rage accidents can have criminal and civil implications, depending on the nature of the incident.

Aggressive driving behaviors, such as tailgating, speeding, and reckless lane changes, can lead to serious legal consequences, including hefty fines, license suspension, and even imprisonment.

Potential Criminal Charges for Road Rage Accidents

Aggressive driving behaviors can have significant criminal implications, as these behaviors often violate traffic laws and can escalate into criminal offenses.

Criminal offenses can include:

• Assault and Battery: Physical confrontations resulting from road rage can lead to charges of assault (the threat of harm) and battery (physical contact or harm). These charges can range from misdemeanors to felonies, depending on the severity of the attack and the injuries caused.
• Harassment and Intimidation: Threatening another driver or engaging in behavior intended to intimidate can lead to criminal charges, even if no physical contact occurs.
• Endangerment: Reckless actions that put others at significant risk of injury or death can lead to endangerment charges.
• Vehicular Homicide: If aggressive driving results in a fatality, the driver can be charged with vehicular homicide, a severe felony that can lead to lengthy prison sentences.
• Driving Under the Influence (DUI): If the aggressive driver is under alcohol or drug influence, the driver can face DUI charges, which carry severe penalties, including fines, license suspension, and imprisonment.
• Weapons Charges: If a weapon is brandished or used during a road rage incident, the driver can face additional charges related to illegal possession or use of a weapon.

Potential Civil Cases for Road Rage Accidents

Road rage accidents also result in numerous civil and traffic violation cases.

Violations can include:

• Speeding: Driving over the speed limit is a common component of aggressive driving, and it can result in citations and fines.
• Reckless Driving: Reckless driving is a serious offense that can result in hefty fines, points on a driver’s license, and potential license suspension.
• Illegal Lane Changes: Failing to signal or weaving through traffic lanes can lead to traffic tickets.
• Various Personal Injury Lawsuits: Victims of road rage incidents can sue for damages, including medical expenses, lost wages, and pain and suffering.
• Property Damage Claims: Damaged vehicles or other property can lead to civil lawsuits for repair or replacement costs.

What Should You Do During and After a Road Rage Accident?

If you witness a road rage incident or are victimized by an agitated driver, it’s crucial to handle the situation calmly and safely.

Proper steps you should take during a road rage attack include:

• Stay Calm: Keep your emotions in check. Do not respond with anger or aggression. If you can, capture the driver’s plate number before they get away.
• Keep a Safe Distance: Increase the distance between your vehicle and the aggressive driver if possible. Let them pass or change lanes if necessary.
• Drive to a Safe Location: If the situation worsens, drive to a well-lit, populated area, such as a police station, fire station, or busy shopping center.
• Call 911: If you feel threatened or believe you are in immediate danger, call 911. Provide the dispatcher with your location, a description of the aggressive driver, their vehicle, and the nature of the behavior.

If you successfully de-escalated the situation and the infuriated driver stopped chasing you, great job.

If the incident resulted in a car crash or another severe outcome, here’s what you must do:

• Seek Medical Attention: If you have been physically injured, seek medical attention immediately. Even if injuries seem minor, it’s vital to have them documented by a healthcare professional.
• File a Police Report: You can skip this part if you already called 911 during the first step. Provide all documented details you have about your aggressor and any evidence you have gathered.
• Write Down Details: Record the time, date, location, and details of the incident. If possible, note the make, model, color, and license plate number of the other vehicle.
• Take Photos or Videos: If it’s safe, take photos or videos of the aggressive driver’s vehicle and any damage to your vehicle.
• Contact Your Own Insurance Company: Talk to your insurance provider about your options and any coverage you may have for the accident.
• Consider Legal Action: Consult a car accident attorney if the incident resulted in significant damages or injuries. They can help you seek proper compensation and justice for your losses.

How To Establish Fault in a Road Rage Incident

Establishing fault or liability in a road rage incident is often challenging due to the fact that aggressors may speed away after inflicting damage on the victim.

It’s not impossible.

With the right set of evidence and the help of the best car accident attorney in your area, you can track your aggressor and hold them responsible for their actions.

Establishing Liability

Establishing liability helps victims develop a strong car accident case.

Proving that the other driver’s aggressive behavior directly caused the accident and subsequent injuries can be challenging.

This process involves demonstrating that:

• Duty of Care: The other driver was responsible for driving safely and adhering to traffic laws. This factor is easy to prove, as every driver should ensure a safe space for every driver, passerby, and passenger on the road.
• Breach of Duty: The other driver violated this duty through aggressive behavior, such as tailgating, cutting off, or engaging in physical confrontations. With the right evidence, this element should also be easy to prove.
• Causation: The aggressive actions directly led to the accident. This element often requires linking specific aggressive behaviors to the events that caused the crash.
• Damages: The victim suffered actual damages, such as physical injuries, emotional distress, or property damage, as a direct result of the accident.

Evidence Collection

The strength and validity of your evidence correlate to your potential car accident settlement.

If you want a fair settlement, you should look for these types of evidence:

• Dashcam Footage: Video evidence from a dashcam provides a clear and objective record of the aggressive behavior leading up to and during the incident.
• Eyewitness Accounts: Statements from witnesses who saw the road rage behavior and the resulting accident can support the victim’s claims.
• Police Reports: A police report documenting the incident provides an official account of the events, including any citations or arrests made at the scene.
• Photographs: Photos of the accident scene, vehicle damage, and any visible injuries illustrate the impact of the road rage incident.
• Medical Records: Detailed medical records and reports from healthcare providers document the injuries sustained and link them to the accident.

Legal Claims

Filing a car accident claim after a damaging rage road incident is vital to recuperating financial losses.

Some of the damages you can recover in an auto accident claim include:

• Medical Bills: Compensation for current and future medical costs related to injuries sustained in the accident, such as hospital bills, surgeries, and other healthcare needs.
• Lost Wages: Compensation for income lost due to the victim’s inability to work following the accident, such as lost wages and future earning potential, if the injuries have long-term effects on the victim’s ability to work.
• Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident and injuries.
• Property Damage: Reimbursement for repairs or replacement of the victim’s vehicle and any other personal property damaged in the accident.
• Punitive Damages: Punitive damages may be awarded in cases where the aggressive behavior is particularly egregious or malicious.

Your lawyer will help you determine the right compensation amount and fight for your right to a fair settlement.

How Can a Car Accident Attorney Help You

An auto accident lawyer plays a crucial role in helping victims navigate the complexities of a road rage claim and their expertise can significantly increase the chances of establishing the other party’s liability, securing fair compensation, and ensuring that victims receive justice.

Ways a car accident attorney can help include:

• Establishing the Other Party’s Liability: Lawyers help collect and organize essential evidence such as dashcam footage, eyewitness accounts, police reports, and medical records. These experts understand what type of evidence is most compelling and how to present it effectively.
• Negotiating With Insurance Companies: Insurance companies often aim to minimize payouts. Lawyers use their negotiation skills and legal expertise to push for a fair settlement that fully compensates the victim for their losses.
• Representation in Court: If negotiations fail, a lawyer can file a lawsuit on behalf of the victim. The lawyer will handle all aspects of the legal process, from filing the necessary paperwork to meeting court deadlines.

A car accident lawyer is instrumental in guiding victims through the process of a road rage claim.

Their expertise in establishing liability, negotiating with insurance companies, and representing victims in court can significantly affect the outcome of the case.

Tor Hoerman Law: Talk to Our Car Accident Attorneys Today

Road rage car accidents should not be taken lightly.

If you or someone you love has been a victim of an aggressive driver, it’s crucial to seek legal help to hold them accountable for their actions.

Our team at TorHoerman Law has a lot of experience helping victims build their car accident cases and seek proper compensation for their losses.

Contact us today for a free consultation, and let us fight for your rights.

You can also use our chatbot to see if you instantly qualify for a case.