Aggressive Driving Accidents & Related Lawsuits
Aggressive driving is often understood as operating a motor vehicle in a manner that endangers, or is likely to endanger, other people or property. Heavy road congestion, stress, and other external factors can sometimes cause drivers to engage in these hazardous maneuvers. Traffic safety authorities typically point to patterns such as extreme speeding, abrupt lane changes, and failing to use turn signals as characteristic of aggressive driving. These actions significantly increase the risk of collisions and, in certain cases, can escalate to even more severe conduct.
Criminal and Civil Consequences
The legal system typically treats more severe forms of aggression, especially conduct aligned with road rage, as criminal matters. These may result in convictions of offenses such as assault or battery and potentially jail time. Aggressive driving that does not rise to the level of road rage is often addressed through traffic citations carrying fines, points on a license, or mandatory driving courses. In civil actions, an aggressive driver may be found financially responsible for injuries and property damage arising from a collision.
Evidence of Aggressive Driving
Proving that a driver engaged in aggressive behavior can be pivotal in determining liability for a crash. Useful evidence may include documentation in a police report, eyewitness accounts that detail hostile or dangerous maneuvers, and potentially video footage from nearby traffic cameras or personal devices. Dashcam recordings and any traffic citations can also help show that a driver failed to meet the standard of reasonable care.
Negligence and Negligence Per Se
A party seeking damages from an aggressive driver typically must demonstrate negligence, which consists of duty, breach, causation, and damages. Aggressive behaviors are a clear breach of the duty to drive safely. If a specific statute designed to protect the public is violated, certain states apply a legal doctrine called negligence per se, which may create a presumption of negligence unless the accused driver can prove otherwise. This approach can streamline the process of establishing fault.
Comparative or Contributory Negligence
States apply comparative or contributory negligence principles to aggressive driving accidents. If the injured person’s own actions contributed to the crash, this factor can reduce the compensation available. Under a comparative negligence framework, a court evaluates the degree of fault attributable to each party and allocates responsibility accordingly. In states that follow pure comparative negligence, a claimant’s recovery may be reduced according to the percentage of fault assigned. In a modified comparative negligence model, the claimant might be barred from any recovery if they’re found to be at least 50 or 51 percent at fault.
By contrast, a contributory negligence rule can completely bar an injured person from recovering damages if that individual’s conduct played any role in causing the collision. Although this approach is not as widely used, it remains in effect in a few jurisdictions.
Steps After an Aggressive Driving Accident
In the aftermath of an accident linked to aggressive driving, it is crucial to address safety concerns by checking for injuries and contacting emergency services when someone appears hurt or unable to move. To the extent possible, vehicles should be moved out of active lanes. Documenting the scene with photographs or videos can create a record of any vehicle damage, road conditions, and physical injuries. Exchanging information with the other driver in a calm, factual manner helps maintain accuracy. A police report can capture significant details, including witness statements and indications of traffic violations.
Types of Damages for Aggressive Driving
Injured drivers or passengers in an accident caused by aggressive driving can pursue compensatory damages for costs and losses such as:
- Medical bills
- Repair costs
- Lost earnings
- Pain and suffering
- Emotional distress
In cases of particularly egregious or malicious conduct, punitive damages may also be awarded to penalize the wrongful behavior rather than solely compensate the victim. The availability and limits of these damages depend on state laws and the specific circumstances of each case.
