Road rage is a common occurrence on roadways across the nation. Stories about it are featured on breaking news reports almost every day. You may have questions about what causes road rage. And more importantly, how can you avoid becoming a victim of it? If you’ve been involved in a road rage accident, there are steps you can take to hold the at-fault party responsible for the crash.
Road rage is a criminal offense in Georgia, and if you are injured because of another person’s aggressive driving, you might also be eligible for compensation for your injuries through civil action. If you were struck by their vehicle or an accident occurred because of someone else’s aggressive behavior, you should consult the personal injury attorneys at Brauns Law Accident Injury Lawyers, PC.
What Is “Road Rage”?
Road rage, or aggressive driving, is defined as anyone who drives with the intent of annoying, harassing, injuring, or obstructing another person. It also involves violating additional traffic codes while doing so, like passing on the wrong side, following too closely, and turning in front of other vehicles.
Doing this intentionally, meaning to cause the other person harm, is a “high and aggravated” misdemeanor. Although it is not quite a felony, it is very serious. The maximum criminal penalty is a $5000 fine and up to 12 months in jail. It will also get you six points on your license.
Common Causes of Road Rage Accidents
Recent studies have found that road rage is one of the top three causes of accidents in Georgia today, after drinking and texting. Reports of shootings and assaults following a road rage incident garner the headlines and news reports, but most road rage incidents never escalate that far. Instead, most road rage events result in simple traffic accidents. Examples of these accidents include:
- Tailgating and brake checking — Road rage-fueled drivers frequently follow targets too closely, crowding them in traffic. If the victim must brake suddenly, an accident is an inevitable result. Other accidents happen when the road rager cuts in front of a target and brake checks them, forcing them to stop suddenly. This can result in the victim rear-ending the road rager.
- Sideswiping and weaving — One of the biggest causes of road rage is the road rager believing they were cut off in traffic. This can cause them to chase the target and cut them off as “payback,” leading to a sideswipe or other accident as the target attempts to avoid the road rager.
- Running signals and signs — A myriad of accidents can result as the road rager darts through red lights and runs stop signs in an effort to keep up with their target. One dangerous outcome is the road rager strikes an innocent driver who was uninvolved in the original incident.
The primary cause of road rage accidents is the raging driver becomes focused on the target and pays no attention to other drivers or obstructions on the road. When something unexpected happens on the road, a collision is inevitable.
Injuries Suffered in Road Rage Accidents
You are at risk for the same injuries in a road rage accident as you are in any traffic accident. The difference is that the road rager is actively trying to scare or hit you. Depending on where and how you are hit, you could be looking at:
- Broken bones and fractures
- Head trauma
- Spinal cord injury
- Neck and back injury
- Internal injuries and soft-tissue damage
If the road rager confronts you, you could also experience other types of injuries resulting from assault or battery, gunshots, or other aggressive actions.
Compensation For a Road Rage Accident
Because there is a statute that makes driving with the intent to harass or intimidate illegal, OCGA Section 40-6-397, if someone causes an injury due to their aggressive driving, you do not have to prove they were negligent. Under the legal theory of negligence per se, the fact that they were driving aggressively means they were automatically negligent.
You are entitled to recover compensation for any injuries caused by another person’s negligence, careless, or reckless driving. In the case of aggressive driving, this includes any accident caused because you were attempting to avoid the threat they posed. You are allowed to claim:
- Medical expenses, including physical or vocational therapy
- Lost wages and income
- Pain and suffering
- Future medical treatment if needed
- Loss of future income or earning potential
- Loss of consortium
You might be able to recover part of your compensation even if you were partially at fault in the accident. Georgia follows a modified comparative negligence rule, meaning that you can recover damages up to the percentage you were responsible for the accident. If you were less than 51% responsible, you could still recover damages for your accident.
How To Prove That a Driver Was Being Aggressive
Proving that the other driver was displaying symptoms of road rage can be difficult. The difference between aggressive driving and reckless driving is one of intent. Nearly everyone has accidentally cut another driver off in traffic or hit the brakes too hard without realizing someone was on their bumper. The trick is proving that the other driver did it on purpose to harass or intimidate you.
If you have been in an accident and need to show that the other driver had targeted you, there are a few ways to show that you were the victim of a road rage incident. Examples of these include:
- Witness statements — If passengers in your vehicle or witnesses to the accident saw the other driver’s actions, descriptions of the driver’s behavior could support a claim of road rage. Even if they only saw the other driver shouting or making obscene gestures, this could help prove your claim.
- Video of the driver —. If you believe another driver is following you or attempting to hit you, you should take the opportunity to videotape the car. Images of the car trying to run you off the road will be difficult to explain after the fact.
Your attorney can help you gather the information you need to prove that the other driver was not only at fault in the accident, but intentionally struck you or forced you off the road. The most important thing you can do to increase your chances of succeeding is to obtain the services of a skilled legal firm that understands both personal injury and road rage law.
How Brauns Law Accident Injury Lawyers, PC Could Help
If you or a loved one have been the victim of a road rage accident, contact Brauns Law Accident Injury Lawyers, PC, right away. Our Lawrenceville car accident lawyers will work tirelessly to investigate your case, present the evidence, and negotiate with the other side to get you the recovery you need. We have the knowledge and experience for every type of personal injury case. Contact us at 404-418-8244 or with our online contact form.
