Can You File a Claim Against Someone Who Has Road Rage?
Brian White | December 26, 2018 | Auto Accidents
Road rage refers to aggressive driving that stems from a driver’s anger at another driver or the situation. Tailgating, brake-checking, shouting, rude hand gestures, and acts of violence due to frustrating roadway situations are examples of road rage actions. Road rage can cause car accidents if the aggressive driver breaks roadway rules or drives recklessly. You could have a personal injury claim against someone if his or her road rage caused your accident. Speak to a car accident attorney in Houston to learn more.
About Road Rage
Road rage can take many forms, but most are abrasive and aggressive. Encountering a road rage driver can easily turn into a dangerous situation, as the individual’s anger could cloud his or her judgment. Heightened emotions such as road rage can present a cognitive distraction for the angry driver, making it difficult or impossible to pay attention to the road and drive safely. A road rage driver could cause an accident with the following actions:
- Abrupt braking
- Swerving or weaving
- Red-light running
- Making unsafe lane changes
- Deliberately colliding with a vehicle or pedestrian
Some road rage drivers take their anger even farther than breaking roadway rules. They may force another driver to stop in the road or follow the driver to his or her home. The road rage driver may then commit a criminal act of violence against the other driver. Data from Safe Motorist shows that 66% of traffic fatalities are connected to aggressive driving. Road rage drivers present a significant danger to other drivers in Houston.
Road Rage and Injury Claims
Road rage can turn into reckless driving. When this happens and causes a vehicle collision, victims can hold the road rage driver responsible for damages. Texas is a fault-based insurance state. This means all parties involved in a collision will seek restitution from the at-fault party’s insurance company. If the driver caused the crash through an act relating to road rage, such as tailgating or cutting off someone, that driver could be liable for resultant damages. These damages may include:
- Medical bills
- Past and future pain and suffering
- Property damages
- Lost wages
- Wrongful death damages
If the driver’s road rage resulted in a criminal act, such as homicide, the victim or his or her family members could pursue a personal injury claim against the perpetrator during or after a criminal case. A civil claim can help the victim pay for incident-related damages. Whether a road rage driver caused your car accident or assaulted you in some way, you could have a claim against him or her for compensation.
How to File a Road Rage Claim in Texas
After a collision with a driver you suspect of road rage, stay calm and do not confront the driver. Road rage can lead drivers to yell, shout, or even try to attack others involved in a wreck. Remain in your vehicle if you have to, while you call the police to report the accident. Give the officer your side of what happened, including why you believe the driver had road rage. Request medical care for any personal injuries.
Ask the other driver or the police for the driver’s insurance information. When you are able, call the insurance company and report the accident. File your insurance claim according to the directions the agent gives you. Gather documents about your collision, such as medical records and a copy of your police report. Then, contact a lawyer before initiating settlement negotiations with the road rage driver’s insurance company. A lawyer will ensure the insurance company does not take advantage of you.
You can file a claim against someone for road rage if the road rage caused your accident or personal injuries. As the victim of road rage, protect yourself and your rights by hiring an attorney to represent your case. Hold an aggressive driver in Houston responsible for his or her actions. Contact an attorney right away.