Aggressive driving and road rage are two terms that are often used interchangeably, but this is not accurate. Aggressive driving typically involves annoying actions by frustrated drivers. This can include traffic violations. However, road rage is a step above this and often involves criminal activity.
An experienced San Antonio car accident lawyer can review your case, determine whether aggressive driving or road rage played a role, and explain your legal options for recovery.
Aggressive Driving Defined
Aggressive driving involves operating a motor vehicle in a way that endangers or is likely to endanger other motorists or property. Speeding is a common form of aggressive driving. According to the National Highway Traffic Safety Administration (NHTSA), speeding killed 12,151 people in 2022.
Other forms of aggressive driving the NHTSA recognizes include:
- Making improper lane changes
- Following too closely
- Running red lights
- Making unsafe passes
- Cutting off other drivers
- Blocking other drivers from making lane changes or passing
Specific traffic laws, such as speed limits or reckless driving statutes, typically cover aggressive driving. It often involves moving violations.
Road Rage Defined
Road rage goes beyond irritating driving tactics or violations of the rules of the road. Instead, it often involves criminal behavior after a driver has an explosive fit of anger. The driver may act maliciously or in retaliation. Road rage also often involves targeting a particular motorist rather than acting in a generally annoying manner.
Examples of road rage behaviors may include:
- Intentionally assaulting another motorist by hitting their vehicle with the road rager’s vehicle
- Using or threatening to use a weapon against another motorist
- Following a motorist
- Running another motorist off the road
- Driving on medians or sidewalks
- Yelling, cursing, and gesturing
How Do Aggressive Driving and Road Rage Affect Car Accident Claims?
Texas is an at-fault state for car accidents, so the driver found at fault for the accident is responsible for the damages they caused. Aggressive drivers and those demonstrating road rage are more likely to cause collisions than calm drivers. If you were injured in an accident of this nature, you may be able to recover compensation for emotional distress and mental anguish to compensate for the fear and negative consequences the accident caused.
Additionally, exemplary damages may be available in your claim if your case goes to trial. These damages are reserved for rare cases involving malice or gross negligence in which the court wants to punish the wrongdoer for particularly egregious behavior and deter similar conduct in the future.
If an aggressive or raging driver hit you, contact the police immediately. Then, contact George Salinas Injury Lawyers for help with your legal claim. We can work quickly to gather evidence to prove fault in your accident and explain your legal rights during a free consultation. Contact us today to learn more.