Road Rage and Aggressive Driving Accidents in Charlotte, NC
The busy roads in the state of North Carolina can often lead to cases of aggressive driving or road rage. Unfortunately, in recent years, incidents are becoming more common. Aggressive driving includes a vast range of hazardous maneuvers behind the wheel. According to The Pew Charitable Trusts, road rage incidents have been up all over the country, including in North Carolina, over the last year. In a statement from the Charlotte-Mecklenburg Police Department in North Carolina, they stated aggressive driving is at a sharp incline. Motorists are causing severe or fatal injuries to other drivers over disputes on the roadways. If you need help after road rage and aggressive driving accidents, an experienced car accident lawyer at Edwards Injury Law could pursue the just settlement amount you deserve. Contact our office to schedule an appointment.
Negligence Involved in Road Rage
A motorist is negligent when they fail to abide by safety rules and regulations that cause harm to others on the surrounding road. Collisions may occur because a driver is speeding or driving recklessly, failing to obey traffic lights or signs, makes unsafe lane changes, failing to yield, or follows another vehicle too closely. Many road rage accidents are the direct result of a driver acting in a negligent or reckless manner on the roadways. Every driver has a duty of care that they must follow in order to ensure safety on the roadways. When a driver acts with aggression or acts out with road rage, they exhibit behaviors that often cause catastrophic accidents resulting in injuries, property damage, and sometimes even death. If you suffered any injuries or losses as a result of a road rage accident or aggressive driving accident, you may have the legal right to receive compensation for damages.
The Difference Between Aggressive Driving & Road Rage
While often used interchangeably, aggressive driving and road rage are not the same thing in the eyes of the law, although both fall under North Carolina § 20‑141.6. Understanding this distinction is crucial for your personal injury claim.
Aggressive driving is typically a traffic violation. It involves a series of reckless and hazardous maneuvers that put others on the road at risk. Examples of aggressive driving include:
- Speeding
- Tailgating (following another vehicle too closely)
- Making unsafe or improper lane changes
- Running red lights or stop signs
These behaviors are generally considered negligent traffic offenses and a lesser offense overall in comparison to road rage.
Road Rage is an escalation of aggressive driving that becomes a criminal offense. It involves a deliberate and malicious intent to harm or intimidate another driver. The vehicle is often used as a weapon. Examples of road rage include:
- Brake-checking to cause a collision
- Using the vehicle to ram or block another car
- Physically assaulting another driver
- Making threats with a weapon
If you were injured by a driver who was simply speeding, their behavior is aggressive. But if they intentionally used their car to cause the accident, their actions could be legally classified as road rage, which may lead to more severe penalties and a stronger claim for you.
What to Do After Road Rage and Aggressive Driving Accidents
Being involved in an accident with an aggressive driver can be a very scary experience. If a person is being reckless while driving or you sustain injuries in an incident of road rage, there are vital steps to take after the accident.
- Keep a cool head
- Never retaliate
- Avoid eye contact
- Lock vehicle doors and roll-up windows
- Contact the police if necessary
- If the plaintiff suffers injuries in the accident, they should seek medical attention immediately
- Find a hard-working injury attorney
When a person is showing signs of aggression and road rage, the best move for the other driver is to remove themselves from the situation if at all possible.
Road Rage Accident Injury Claim Process in North Carolina
If a motorist is driving aggressively or has road rage and causes others harm, you could be entitled to compensation through a personal injury claim. To get compensated, your attorney needs to establish the other drivers negligence caused the damages. Here are the steps that are taken in an aggressive driving accident injury claim in Charlotte:
- Accident investigation – Reviewing police reports, witness statements, footage, and medical records to build evidence to establish negligence on behalf of the other driver
- Dealing with insurance companies – Your attorney will communicate and negotiate with the at-fault drivers’ insurer to help avoid a potential lowball settlement offer
- Demand letter – Once damages are calculated, your lawyer will send a demand letter to the insurance company for full and fair compensation
- Filing a lawsuit – If the insurer refuses to pay a lawsuit can be filed to pursue damages with the civil court
- Discovery process – Both sides exchange evidence, take depositions, and prepare for trial
- Settlement negotiations – A majority of cases will settle before trial, especially with the help of an experienced accident lawyer to push for the amount you are owed
- Trial (if necessary) – if negotiations fail your attorney will fight for you in court
A skilled lawyer will represent the claimant during settlement negotiation and at trial through litigation. They will guide the plaintiff through the complex civil claim process.
Do I Have a Case?
If you have been injured in an aggressive driving accident in Charlotte, you are likely wondering if you have a valid personal injury claim. While each case is different, there are a couple of key elements that help your attorney evaluate if you could recover compensation:
- Liability – Was the other driver clearly at fault, and if so do you have the evidence to back it up?
- Negligence or intentional actions – Was the other driver just acting reckless (aggressive driving) or were they intentionally trying to harm you (road rage)?
- Injuries and medical treatment – Did they accident cause injuries that resulted in medical care and is there documentation?
- Financial losses – Have you had lost wages, property damage, or any out-of-pocket expenses related to the crash?
- Non-economic damages – Has there been notable pain & suffering, emotional trauma, or loss of enjoyment of life that could be argued?
- Statute of Limitations – How long ago did the accident happen? In most cases you have three years from the date of the crash to file a claim.
The best way to know for sure there is the potential for a successful claim for damages is to speak with a certified legal professional. Every case is unique, and there are many things they must consider. Edwards Injury Law will start by analyzing the facts and circumstances of your specific accident.
How We Can Help After a Road Rage and Aggressive Driving Accident
If a reckless driver’s actions caused you to suffer injuries in an accident, civil law might entitle you to recover compensation to cover the damages. When a motorist becomes irate and uses their vehicle to cause harm to others, the criminal and civil court will hold them accountable. If you need help after road rage and aggressive driving accidents, call an aggressive yet compassionate personal injury lawyer at Edwards Injury Law in Charlotte, North Carolina. We are continually client-centric and will fight tirelessly for the fair award amount you deserve.
Car Accident FAQs
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