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. Common behaviors that can lead to accidents include:
- Speeding in heavy traffic or unsuitable weather conditions.
- Tailgating or following another vehicle too closely.
- Improper or erratic lane changing, including failing to signal.
- Cutting off other vehicles.
- Running red lights or stop signs.
- Brake-checking or deliberately slamming on brakes to provoke a reaction.
- Using headlights or gestures to intimidate other drivers.
Sometimes aggressive driving can escalate into "road rage,” which involves deliberate hostility or an intent to cause harm to another person or their vehicle.
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 and potentially jail time. More ordinary aggressive driving is often addressed through traffic citations carrying fines, points on a license, or mandatory driving courses.
In civil actions brought by accident victims, 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:
- Police Report: This often contains an officer's initial assessment of fault and notes any traffic citations issued.
- Eyewitness Testimony: Statements from other drivers, passengers, or pedestrians can be powerful.
- Video Footage: Dashcam videos, traffic camera footage, or videos from nearby businesses can provide objective proof.
- Accident Reconstruction Experts: In complex cases, experts can analyze physical evidence to determine how the accident occurred.
Negligence and Negligence Per Se
A victim seeking damages from an aggressive driver typically must demonstrate negligence, which consists of four elements: a duty to drive safely, a breach of that duty, causation leading to the accident, and resulting damages. Aggressive behaviors are a clear breach of the duty to drive safely.
If a specific traffic safety statute is violated (like a law against tailgating), certain states apply a legal doctrine called negligence per se. This can create a presumption of negligence, which streamlines the process of establishing fault. However, an injured person still needs to prove that the defendant’s negligence caused the accident.
How Your Own Actions Can Affect Your Claim
States apply comparative or contributory negligence principles to aggressive driving accidents. If the injured person’s own actions contributed to the crash, this can reduce or even eliminate the compensation available.
- Comparative Negligence: Most states follow this model. A court evaluates the degree of fault for each party. In a "pure" comparative state, your recovery is reduced by your percentage of fault. In a "modified" comparative state, you may be barred from any recovery if you are found to be 50% or 51% or more at fault.
- Contributory Negligence: This much stricter rule, used in only a few jurisdictions, can completely bar you from recovering any damages if your conduct played even a minor role in causing the collision.
Steps to Take After an Aggressive Driving Accident
In the aftermath of a crash, it is crucial to stay calm and take the following steps:
- Prioritize Safety: Your first priority is safety. Check for any injuries to your passengers or you. Contact the police (and any necessary medical aid) by calling 911.
- Gather Evidence at the Scene: While waiting for help to arrive, and only if it is safe, you should document the scene with photos and videos, get the other driver’s details, and ask any witnesses for their contact information.
- Cooperate With Law Enforcement: When the police arrive, follow their instructions, provide a factual account, and get the police report number.
- Seek Prompt Medical Evaluation: After you leave the scene, see a medical professional to document your condition.
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
- Future medical expenses
- Repair or replacement costs for your vehicle
- Lost earnings and diminished earning capacity
- 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 Statute of Limitations
Finally, it is critical to be aware of your state’s statute of limitations, which is the legal deadline for filing a lawsuit. This time limit varies by state and for different types of claims (e.g., personal injury vs. property damage). If you do not file your claim within this specified period, the court will likely dismiss your case, and you will lose your right to seek compensation forever.
