If you were injured in a road rage accident in Virginia, you could file a personal injury claim against the at-fault driver – even if the driver wasn’t ultimately charged with aggressive driving. To bring a successful personal injury claim, you need an experienced legal professional to help you prove your case.
The Richmond car accident attorneys at Marks & Harrison have the knowledge and skills to help you hold the aggressive driver accountable for their misconduct. If an aggressive driver hit you, contact Marks and Harrison Personal Injury Lawyers today to discuss the details of your case for free.
What Is a Road Rage Accident?
Road rage occurs when a motorist becomes angry or aggressive while driving, often because they feel they have been wronged or inconvenienced by another motorist. Road rage can spawn various actions, including verbal insults, physical threats, and vehicular assault, where a driver uses their vehicle to retaliate against another motorist.
Motorists who give in to road rage tend to operate their motor vehicle with complete disregard for the safety of others on the road. Road rage can quickly lead to an accident when angry drivers engage in tailgating, speeding, unsafe lane changes, and other reckless behaviors.
How Common Is Road Rage?
Road rage and aggressive driving are hard to quantify. However, according to the Insurance Information Institute (III) and data from the National Highway Traffic Safety Administration (NHTSA), aggressive driving may contribute to 56 percent of traffic-related accidents. In the majority of these car accidents, speeding is the main cause.
In addition, speeding is the number one contributing factor in fatal traffic accidents, according to NHTSA data. Speeding played a role in 17.2 percent of all crashes in one recent year.
According to research compiled by the AAA Foundation for Traffic Safety, almost 80 percent of motorists gave in to road rage, anger, or other aggressive driving behaviors within 30 days before the survey. About 71 million drivers expressed their anger by honking or making lewd gestures. About 75 million drivers admitted to tailgating, and about 106 million admitted to exceeding the speed limit by more than 15 mph on a freeway.
What Behaviors Constitute Reckless or Aggressive Driving in Virginia?
Many distinct driving behaviors may fall under the umbrella of reckless or aggressive driving. Some common ones include:
- Speeding – Angry motorists seeking to retaliate against a driver they feel has wronged them may violate the speed limit to catch up with or cut off the other driver. The faster a motorist travels, the more time and distance they need to stop, so speeding can be incredibly dangerous around other motorists, especially in heavy traffic.
- Unsafe lane changes – Motorists who change lanes without checking their blind spots and using turn signals can easily cause a sideswipe accident. Weaving in and out of traffic and switching lanes erratically is another typical aggressive driving behavior.
- Failure to yield – Failing to yield the right-of-way to other motorists is a common cause of aggressive driving accidents. Some motorists will turn in front of oncoming traffic out of impatience or frustration, resulting in a deadly T-bone accident.
- Driving too fast for conditions – Driving the speed limit can be considered aggressive in some circumstances. For example, if a motorist is driving in heavy snow, they should reduce their speed to accommodate the hazardous conditions. Drivers who fail to do this may cause accidents with other motorists.
- Tailgating – When an aggressive driver tailgates another driver or follows them too closely, they can easily cause a rear-end collision. If traffic suddenly stops or slows, the tailgating driver may not have sufficient time to adjust their speed.
Other common reckless and aggressive driving behaviors include passing in restricted areas, unlawfully driving on the shoulder or in the emergency lane, refusal to obey traffic signage, making improper turns, and racing other motorists.
Does Insurance Cover Road Rage Accidents?
If you’ve been injured in a road rage accident, you could turn to several potential sources of compensation. A car accident lawyer can help you understand your options, such as:
- The other driver’s insurance – Typically, you’ll first file a claim for compensation against the at-fault driver’s insurance company. However, as III points out, some insurance companies list road rage as an exemption in their policies. That could result in a coverage dispute with the at-fault driver’s insurer.
- Your personal insurance policy – Depending on your insurance policy, you might be able to get some coverage from your auto insurance plan, including its uninsured motorist (UM) or underinsured motorist (UIM) policies.
You should not be responsible for expenses you incurred because of someone else’s misconduct. A road rage accident attorney can help you pursue the compensation you need to get back on your feet.
How Do You Prove Road Rage?
Acts of road rage are usually more severe than typical traffic violations. Road rage may be considered aggressive or reckless driving in Virginia, depending on the behavior involved, and drivers who engage in road rage could face criminal charges and jail time.
In addition, the driver may be responsible for covering your losses when you pursue compensation through a civil suit. If the at-fault party is charged with aggressive or reckless driving, it may be straightforward to prove liability in your civil case. However, even if the driver isn’t charged or is acquitted on charges, you can still file a personal injury case against them to pursue financial recovery.
In order to bring a successful case, you’ll need to show that the driver’s aggressive behavior directly contributed to the accident, which led to your injuries. For example, if a driver aggressively cut in front of you without signaling and caused an accident that injured you, that driver could be considered responsible.
In addition, you’ll need to demonstrate that you suffered compensable losses due to the accident. Compensable losses can be financial, such as medical expenses, and non-financial, such as pain and suffering due to the accident.
Evidence that could show the other driver’s fault may include the police accident report, eyewitness statements, tire marks at the accident scene, expert witness testimony, surveillance videos footage, and more.
Get Help from an Experienced Virginia Car Accident Lawyer
Were you injured in a road rage motor vehicle accident in Virginia? If so, contact the Virginia car accident lawyers at Marks & Harrison today. We have what it takes to help you pursue the settlement you deserve.
Reach out today for a free consultation.
