I Suffered After a Road Rage Incident. Who Is Responsible?
Posted in Car accidents on April 12, 2018
Drivers often find themselves in frustrating situations, whether it be unfavorable traffic conditions or any other factor that can lead to a frazzled state of mind. These conditions can lead to road rage, a form of deliberately aggressive driving used to intimidate or cause damage to another vehicle or driver.
Many law enforcement officials consider road rage to be an act of assault and battery. Road rage personal injury claims involving a police report are usually more successful in the recovery of damages and losses.
What If I Was Involved in a Road Rage Hit-And-Run?
Since it is illegal to commit aggressive acts of road rage, the assaulting driver may not stick around after causing an accident. The law considers this a hit-and-run accident.
Victims of these types of incidents should contact local authorities as soon as possible. Police may be able to track down the at-fault driver with a description of the type of car, license plate number, and the direction the car was going.
Even if a driver is never located after a road rage incident, victims may still be able to receive recovery of money and damages lost from vehicle damage or injuries through his or her individual insurance policy.
Common Types of Damages Caused by Road Rage
A person may suffer from personal injuries or damages to his or her vehicle after a road rage incident. Assuming the at-fault driver stays at the scene of the accident or police find him or her after a road rage incident, a victim may file a claim against the guilty person and file criminal charges based on the nature of the claim.
Assault and/or Battery
Texas law defines assault as threats of injury to another person and battery as physically acting on such threats and causing bodily harm through contact. The law considers both of these actions intentional torts, meaning victims can get compensation from the at-fault party in civil court. In cases such as these, victims need to contact an experienced attorney to develop a claim that will win maximum compensation.
Compensation for Damages and Loss
A successful claim may compensate road rage victims for medical expenses or lost wages. Additionally, a victim may also be able to recover lost income due to injuries or pain and suffering after such incidents.
A person suffering damage from road rage may also receive a type of compensation that punishes the at-fault driver for his or her grossly negligent acts that caused injury or damages. Punitive damages aren’t in compensation for the victim’s losses, but rather meant to discourage the act being committed again.
What to Do When Involved in a Road Rage Accident
Those involved in road rage accidents must prove a claim or case to the at-fault party’s insurer. This includes collecting evidence in the form of records such as vehicle repair costs and medical bills, witness testimonies and interviews, and proof of actions considered to be road rage.
It’s vital to remember that many road rage incidents involve assault and battery charges. These situations are both civil and criminal matters. This means that in addition to road rage victims filing an insurance claim and a civil suit against the at-fault driver, victims must also alert police to pursue criminal charges.
Keep in mind, however, that a district attorney pursues criminal charges and punishment for the road rage incident. Only a personal injury lawyer represents a victim’s personal interests and will be able to explore all the financial remedies available to a victim of road rage.
It’s essential that a person whose vehicle was damaged or who suffered injuries after a road rage incident contact a team of attorneys for the potential recovery of losses. Those in the Nashville area can contact the Nashville car accident attorneys at Larry R. Williams who will walk victims through the legal processes after road rage accidents.