Can you sue for road rage?
Have you recently experienced shouting, aggressive overtaking, or even threats by another driver?
Road rage is more than a frightening or disheartening experience. It can escalate into dangerous situations that leave lasting impacts on your life.
You deserve to know your legal options if you’ve been a victim of this distressing behavior. Read on to uncover how to stand against it with local legal help.
What Qualifies as Road Rage?
Road rage is a term used to describe extremely aggressive behavior by drivers in traffic. One common scenario involves aggressive driving, which may include:
- Speeding excessively
- Weaving in and out of traffic
- Tailgating
- Making erratic lane changes without signaling
These actions display a disregard for the safety of other drivers and significantly increase the risk of accidents. Often, aggressive driving escalates as tempers flare, leading to even more dangerous actions.
Verbal threats are another hallmark of road rage. This can range from yelling and cursing at other drivers to issuing direct threats of physical harm. Such interactions typically occur when one driver perceives another’s actions as offensive or dangerous, regardless of intentionality.
Physical confrontations are the most extreme form of road rage. Drivers or passengers may exit their vehicles at a red light or in traffic to confront other drivers. In the most severe cases, these confrontations can lead to injuries or even fatalities.
Road Rage and the Law
Road rage is more than a traffic annoyance. It can cross the line into criminal or civil charges. For example, the state might pursue an assault or reckless driving case against the perpetrator. Alternatively, victims may seek compensation through a civil lawsuit for medical expenses, repairs, or emotional distress.
Assault charges are common when a driver threatens physical harm to another, even if no physical contact occurs. Verbal threats can qualify as assault and include shouting or gesturing aggressively or threateningly. These behaviors reflect an intent to intimidate other drivers, which is a critical element for convictions.
Battery is another notable criminal charge after road rage incidents. Unlike assault, battery involves physical contact with another person. The driver might physically attack another or attempt to strike with an object. Moreover, they could use their vehicle and cause severe injury to the occupants of another car or truck.
Reckless driving and road rage tend to go hand-in-hand and endanger public safety. Darting through traffic or ignoring traffic signals are direct examples of this crime. There can be significant penalties, including fines, license suspensions, or prison sentences.
Can You Sue for Road Rage?
A personal injury case for road rage depends on proving the aggressor’s actions caused personal injury or property damage. You have grounds for a lawsuit if you can demonstrate physical harm, psychological trauma, or damage to your vehicle. For instance, you can pursue damages for medical expenses, lost wages, or pain and suffering. Moreover, the threats or physical violence give you the option to sue for punitive damages to hold the enraged driver accountable.
There are several legal elements required for a successful case. Negligence means the defendant breached a duty of care owed to others on the road and caused harm. Alternatively, intentional infliction of emotional distress may apply in cases of extreme behavior. This element requires showing the actions were so outrageous and extreme that they caused emotional distress. In either claim, the plaintiff needs convincing evidence like eyewitness testimony, video recordings, or medical reports. These items prove the link between road rage and the compensation desired from the lawsuit.
Consider these real-world examples and compare them to your circumstances.
Three truck drivers engaged in aggressive road rage in Eastern Oregon over a 90-mile stretch of road. Their behavior led to a fatal crash that killed Sara Allison. Reckless actions, including racing, illegally passing, and brake checking caused this awful tragedy. A jury ordered the trucking companies to pay $26.5 million in damages.
Another distressing case occurred in Mingo County, West Virginia. This road rage encounter led to a fatal shooting. A truck driver, James Armstrong, became involved in an altercation with Eric Sammons, who had blocked his route. The confrontation escalated to Armstrong fatally shooting Sammons. This incident underlines the extreme outcomes road rage can provoke, leading to severe criminal charges and civil lawsuits to follow.
Challenges in Road Rage Litigation
Proving fault or intention presents a significant legal hurdle in road rage lawsuits. These pieces of the puzzle can be subjective and have limited evidence available. Establishing the aggressor’s intent can be difficult without a reliable witness or video footage. Furthermore, road rage often happens in the heat of the moment, making it bothersome to have comprehensive proof. As a result, attorneys must reconstruct the event carefully to show a clear line from aggressive behavior to harm.
Witness statements can be problematic because they rely on perceptions, biases, and potential misremembering of events. The chaotic nature of these incidents can further distort the ability to recall what happened. The stress alone can put someone’s recall into question in court.
Video or dashcam footage is vital to verifying witness accounts. However, the availability and quality can be lacking, especially under poor lighting conditions or at a distance. The angle of recording alone can limit the visibility of vital details such as the expressions and actions of the drivers involved. These limitations can constrain the ability to create a compelling narrative.
State laws also play a crucial role in shaping the proceedings and outcomes. Different states may have different thresholds for what counts as road rage legally and different statutes. For instance, some states classify certain aggressive actions as misdemeanors while others may consider them felonies. Additionally, the definition of self-defense influences defense strategies significantly.
Consult a Personal Injury Attorney
The road rage incident you experienced may seem straightforward. Nonetheless, there are nuances to consider before you start a lawsuit. Proving intent, the reliability of your evidence, and state laws can impact the odds of success.
Finding local legal help is the first step to pursuing justice. Ask us for a referral to a local attorney who specializes in situations like yours. Our representatives are available 24/7 to connect you with an expert. Call (866) 345-6784 or submit this online form today.
