Is road rage legally “negligence” in a car accident? If a driver’s aggressiveness turns to road rage, you may be eligible to recover damages for negligence. With the help of an aggressive and experienced injury lawyer at Edwards Injury Law, you may have the legal right to build a solid claim to receive compensation for your injuries and losses. Contact us to schedule a consultation today.
Liability claims occur when a motorist does not use common sense or act as another reasonable driver in the same position and causes an accident. If the injured party can establish that the other motorist was reckless or careless, they may have the legal right to pursue compensation for injuries and losses as a result of a road rage accident. A victim could collect compensation to cover medical bills, missing time from work, pain, suffering, and emotional anguish. After suffering damages, the injured party may wonder if road rage is legally negligent. The answer is yes.
What Does the Law Consider as Road Rage?
While there is no specific definition of road rage, the cases typically involve one of the following actions:
- Driving aggressively and in a way that puts on motorists in danger;
- The motorist committed angry and aggressive acts from behind the wheel, using the vehicle to cause harm to others.
Everyone may get emotional or feel angry at another driver at some point. However, road rage is hazardous to all motorists on the roadways.
Aggressive Driving Statute
There is a statute to deter drivers from driving aggressively, and if they choose to do so, they could face criminal and civil penalties. According to the General Assembly of North Carolina § 20-141.6, the law considers the following acts as aggressive driving:
- Driving carelessly or with reckless, wanton disregard for the safety of other motorists
- Running red lights or ignoring other traffic signals and signs
- Illegal passing
- Failing to yield the right-of-way
- Following another vehicle too closely
After the plaintiff and their attorney successfully prove the defendant violated the statute, they have a solid negligence claim for damages. A person guilty of aggressive driving will receive a Class 1 misdemeanor, and the civil court will hold them financially accountable.
What Is Negligence in an Auto Accident?
The law considers driving carelessly, recklessly, or intentionally aggressive and putting other motorists in danger as negligent driving. Negligent driving can include many behaviors and actions, including failing to use reasonable care to avoid causing damages and losses to other drivers. There must be four elements present for a successful negligence claim. The four parts include:
The Laws Require the Driver to Use Reasonable Care
Motorists must always follow safety rules and regulations while behind the wheel on the roadways in this state. If there is proof that their actions were careless or reckless, the claimant has the evidence to establish this element successfully.
The Defendant Failed to Use Reasonable Care
If the negligent actions caused a car crash, the defendant breached their duty of reasonable care. The claimant can establish this through witness statements, police reports, and other documentation from the accident.
The Failure to Provide the Reasonable Care was the Direct Cause of Damages
The claimant must also prove the defendant’s actions were the direct cause of the accident and property damages and injuries. An example is an aggressive driver cutting the plaintiff off and causing a collision.
The Plaintiff Sustained Verifiable Damages
If there are no verifiable damages, there is no negligence claim. The plaintiff and their attorney can prove damages with hospital records, medical bills, and other verification of the injuries they suffered.
How Edwards Injury Law Will Help After a Crash Caused by Road Rage
Road rage of any kind is hazardous for everyone on the roadways. Not only do aggressive drivers put themselves in harm’s way, but they risk causing damage to other motorists. Motorists must follow safety rules and regulations to ensure they do not cause harm or property damage to others. Civil law will hold them financially accountable when they fail to drive safely.
If you were in a crash and with a negligent driver with road rage, contact an experienced injury lawyer at Edwards Injury Law. When we handle your case, you can have peace of mind knowing we will advocate for your best interest.