Road rage is described as an outburst of intense and violent rage when driving. It is more than irritation or frustration at bad drivers or traffic jams. It is the kind of out-of-control rage that can drive people to act rashly and aggressively. A driver may not be entirely in charge of their decisions or mindful of how they act when they are experiencing road rage.
However, this cannot be a civil defense against those who caused the crash that resulted in your injury.
Examples of Road Rage
Road rage is becoming more popular among drivers, and it can result in criminal charges. Since road rage includes deliberate rather than unintended actions, it may be classified as assault and battery. The below are few examples of road rage:
- Intentionally colliding with another car causing another car to be driven off the road
- Harassing the other driver
Can You Sue for Road Rage?
Aggressive driving is a traffic violation, while road rage is a felony offense. Aggressive driving is responsible for 66 percent of road deaths, according to the latest report. So, can you sue if you are in a traffic crash caused by road rage or reckless driving? And the answer is “yes.” However, as in any personal injury situation, you must demonstrate that the third party was reckless.
Court charges could be brought if road rage was a factor. A guilty conviction or felony charges are not required to file a personal injury case, but they may assist in proving responsibility. In such a scenario, any well-trained car accident lawyer can prove helpful.
Can I Claim for Pain and Suffering Damages Due to Road Rage?
Victims in car crashes are liable to a number of damages, including collateral injury, medical damages, lost wages, and lack of earning ability. These damage claims compensate you for the physical and mental anguish that comes with a major injury. When you are severely hurt in an accident, you will feel more than just physical pain.
Car crash patients also experience the following consequences:
- Extreme depression
- Lifelong injury
- Anxiety, and
- Post-traumatic stress disorder (PTSD).
Pain and suffering damages are awarded to compensate the survivor for the emotional anguish and physical distress he or she has experienced due to the accident-related injuries.
A survivor of a road rage-related traffic accident will experience a great deal of emotional pain and trauma due to the accident. He or she may be unable to get behind the wheel and recover from PTSD as a result of the crash that resulted in the accident’s injury.
With the stressful circumstances that lead to road rage injuries and the uncertainty that comes with the risk of significant injury or even death, pain and discomfort may be included in the other damages claimed in a road rage crash.
Can I Press Charges for Road Rage?
In most jurisdictions, road rage comes into the definition of assault and battery, but a handful has strict “aggressive driving” regulations. In any case, the first conviction is tried in criminal court, and you will almost always be forced to file charges against the offending driver.
Many auto crash lawyers will urge you to prosecute a lawsuit in federal court, where punitive penalties will be applied, to obtain reimbursement for damages and injury sustained by an offensive driver.
The judge does not immediately accept your right to restitution beyond basic care and maintenance costs related to the incident. It does, however, give you the option of pursuing punitive damages. In this case, the distinction is in the intent. Punitive damages are used to discourage reckless drivers from committing repeat offenses rather than compensating you for your collateral loss or injury.
Bringing charges against the offending driver should be your first move, regardless of how you wish to proceed. This will help ensure the drivers who partake in road rage are kept accountable and will no longer threaten people. This, hopefully, will benefit the whole society.
Contact Us Today
Contact a car accident lawyer in Macon, GA, straight away, whether you’re struggling with the emotional, psychological, or financial effects of a road rage accident. One of our key practice fields is traffic accidents, and we are well-versed in road rage incidents.
We know what facts you’ll need to show that the at-fault driver was enraged and acting negligently, recklessly, or intentionally dangerous at the time of the accident.