Suing for Road Rage Accidents and Injuries: What You Need to Know

Navigating rush hour traffic can be stressful, and impatience often leads to aggressive driving. This can turn into a road rage incident, with potentially fatal consequences. Road rage affects countless drivers globally each year, impacting millions of vehicles on the roads.

Explore the definition of road rage, the resulting accidents and injuries, determining liability in road rage incidents, and essential steps to take after such an event in this blog. 

What is Road Rage?

Road rage is when a driver gets excessively angry at someone on the road. It’s also called aggressive driving and can involve yelling, rude gestures, or even hitting. 

Examples of road rage behavior that you might encounter include:

• Getting out of a vehicle to yell at the other driver
• Shouting
• Making rude gestures
• Repeatedly honking
• Harassing or chasing the other driver
• Intentionally ramming into other vehicles
• Running a red light or stop sign

Road rage can lead to injuries like small cuts, bruises, whiplash (neck injury), back problems, and sprained ankles or wrists. Staying calm and driving safely helps prevent road rage and keeps everyone on the road safer.

Common Types of Road Rage Accidents

The escalation of anger and frustration towards another driver can lead to a spectrum of injuries, ranging from minor to severe. 

When a driver loses self-control due to a misunderstanding on the road, predicting the outcome becomes challenging. 

Common road rage accidents that may result in injuries include:

Intersection Crashes

Intersection crashes are a consequence of road rage incidents where drivers disregard traffic signals. Such actions can result in collisions at intersections, potentially causing a range of injuries depending on the impact. 

The severity of injuries may vary, encompassing anything from minor harm to more significant consequences. Emphasizing the importance of adhering to traffic signals and maintaining composure during road rage incidents is crucial for preventing intersection crashes and safeguarding the well-being of all road users.

Responsible driving behavior at intersections contributes to overall road safety and minimizes the risk of accidents stemming from aggressive actions on the road.

Side Swipes

When two cars travel in the same direction, there’s a risk of a side-swipe, where the side of one car collides with the other. This collision can provoke the affected driver to exit the vehicle and express frustration with rude gestures.

Sideswipes commonly occur when drivers abruptly change lanes, often during merging situations. Blind spots in mirrors can contribute to these incidents, as some drivers may not see approaching vehicles. 

Additionally, failure to use turn signals before changing lanes further compounds the risk. Awareness of these factors is crucial for drivers to anticipate and prevent sideswipe incidents on the road.

Injured Pedestrians

Injured pedestrians are a potential outcome when aggressive driving behavior extends to interactions with those on foot. 

Road rage incidents involving pedestrians can lead to accidents and injuries, posing a serious threat to the safety of individuals not protected by a vehicle. The consequences of such encounters may range from minor injuries to more severe harm.

Rear-end Collisions

Among the most common road collisions is the rear-end accident, occurring when both drivers are traveling in the same direction. While typically less severe than some crash types, the impact can escalate if both drivers lose self-control, contributing to the dynamics of a road rage incident.

Maintaining composure and adhering to safe driving practices, especially during sudden stops or changes in traffic flow, is essential to mitigate the risk of rear-end collisions and reduce the potential for escalated confrontations between drivers.

Vehicle Ramming

Vehicle ramming, involving intentional collisions with other vehicles, poses a significant risk of causing severe injuries, particularly to the spine or head. Deliberate acts of ramming can result in substantial physical harm, with the potential for long-term consequences.

Such aggressive behavior on the road not only jeopardizes the safety of those directly involved but also poses a serious threat to other motorists and pedestrians in the vicinity. 

Factors That May Lead to Road Rage

Accidents are often avoidable, but impatience on the road can exacerbate situations. Several factors contribute to road rage accidents, intensifying the risk of confrontations and collisions. Key catalysts for road rage incidents include:

Heavy Traffic

Heavy traffic and congestion can test drivers’ patience, leading to heightened frustration and aggressive behavior.

Stress

External stressors can spill onto the road, influencing drivers’ emotional states and increasing the likelihood of aggressive behavior.

Distracted Driving

Driving while distracted with things like texting or fiddling with the controls on your car’s dashboard can lead to accidents, potentially triggering misunderstandings and road rage.

Perceived Rudeness

Certain acts, like not signaling, cutting off, or perceived rudeness by other drivers, can escalate tensions.

Anonymity

The relative anonymity of being in a vehicle can embolden drivers to express anger or frustration more aggressively.

Aggressive Driving Tactics

Tailgating, excessive speeding, and abrupt lane changes may provoke hostility among drivers.

Driving Under the Influence

Operating a vehicle under the influence of alcohol or drugs significantly impairs judgment, mood, and coordination, escalating the risk of road rage incidents.

What to Do After a Road Rage Accident

Handling road rage can be stressful, especially when the other driver struggles to control their emotions. 

Nevertheless, there are steps you can take to prevent more catastrophic consequences.

Here’s what to do after a road rage accident:

1. Stay calm. Maintain composure to avoid escalating the situation further.
2. Do not engage. Refrain from exchanging words or gestures with the aggressive driver.
3. Keep a safe distance. Ensure a safe distance between your vehicle and the other drivers to minimize the risk of further conflict.
4. Do not follow. Avoid following the aggressive driver, which can lead to more dangerous situations.
5. Note important details. Record the license plate number, vehicle description, and any other identifying details.
6. Contact authorities. Report the incident to local law enforcement, providing them with the details you’ve gathered.
7. Seek witnesses. If possible, identify and gather contact information from any witnesses to the road rage incident.
8. Document damage. Gather evidence and take photos and videos of any damage to your vehicle and the surrounding area.
9. Stay in your vehicle. If you feel threatened, stay in your locked vehicle until help arrives.
10. File a police report. Cooperate with the police and file a report detailing the incident.

Remember, prioritizing your safety and following these steps can help diffuse tense situations and contribute to a more secure road environment.

Determining Fault After a Road Rage Accident

Driver aggression on the road, often dismissed as a simple misunderstanding, can lead to severe penalties and even jail time. Instances where an enraged driver employs their vehicle as a weapon can result in lasting disabilities and traumatic experiences.

Road rage incidents stemming from actions like changing lanes and minor collisions may be categorized as reckless driving. Depending on the state, criminal charges for aggressive driving can range from misdemeanors to negligence.

In California, road rage isn’t a distinct criminal offense, but individuals may face multiple charges such as assault, battery, driving under the influence, negligence, and property damage. Those with personal injury protection (PIP) are required to cover damages through their insurance.

How to File a Road Rage Claim in California

Similar to any car collision, victims of road rage accidents in California can seek compensation for medical expenses, loss of income, and pain and suffering. Drivers in the state must uphold a duty of care, acting responsibly and treating others with respect.

For road rage victims, building a robust personal injury claim requires establishing:

• The defendant breached their duty of care through negligent and rude behavior.
• The breach of duty led to the accident.
• The accident resulted in injuries and other losses.

Victims can pursue legal action against the aggressor for injuries and financial damages, leveraging traffic violations (e.g., speeding or running a stop sign) as evidence of negligence.

How Adamson Ahdoot Can Help You

If you’ve experienced a reckless or aggressive driving incident, seek legal assistance from our team of experienced road rage accident lawyers at Adamson Ahdoot. Schedule a free consultation, available in both English and Spanish, by calling us at (800) 310-1606.