Running into an aggressive motorist is dangerous and terrifying. Tailgating, intentionally cutting off another driver, and other behaviors typical of road rage can cause deadly collisions.
Aggressive driving is an offense with severe legal implications. Can you sue the driver for road rage if you end up in an accident because of their reckless actions? Learn your rights as a road rage victim.
Legal Definition of Road Rage
In New Jersey, the term “road rage” encompasses a set of dangerous and offensive driving behaviors, such as risky lane changes, honking, tailgating, and sudden braking. Sometimes, road-raging motorists yell at other drivers or pedestrians, step out of their vehicles and start a confrontation, and even threaten others with weapons.
Where’s the line between reckless driving and road rage? Road rage is an intentionally harmful behavior pattern that goes beyond simple negligence. In many cases, New Jersey law considers it a criminal offense.
Why Consider Suing for Road Rage?
Road rage has a devastating impact. It endangers everyone near the aggressive driver and often ends in catastrophic injuries or tragic loss of life. Aggressive motorists can also damage cars and other property. Moreover, road rage victims may suffer severe and prolonged emotional harm, including traumatic flashbacks, PTSD, and anxiety.
If another motorist’s aggression led to your injuries, you may start a personal injury claim against their insurer or seek recourse through a civil lawsuit. You may also be able to press criminal charges against the offending driver. An experienced car accident lawyer can help you understand all your legal options.
Grounds for Suing a Driver for Road Rage
As a road rage victim, you have several possible grounds for a claim or lawsuit against the aggressive driver. First, there are the injuries you suffered because of their dangerous behavior. You may face hefty medical bills and miss work days. A severe injury could even leave you permanently incapacitated and unable to work.
You can also hold the aggressive driver responsible for the damage they caused to your car or other property, like a fence or gate. Finally, your compensation can cover the emotional distress and trauma you suffered because of the incident.
Proving Liability in a Road Rage Lawsuit
To prove road rage, you’ll need solid evidence. Dash cam or traffic camera footage, eyewitness statements, and the police accident report can all help you prove that the guilty driver acted recklessly and aggressively. Gathering proof is one of the key steps to take after a car accident.
A road rage lawsuit is trickier than a standard negligence claim because you must prove that the at-fault driver’s actions were intentional. For example, your case will be much stronger if you have video footage showing the other driver purposefully chasing your car. If the at-fault driver had any previous citations for assault or reckless driving, this could also reinforce your case by showcasing a violent behavior pattern.
Legal Options Available for Road Rage Victims
If you’re wondering, “Can you sue the driver for road rage?” after a collision, start by consulting an experienced lawyer. We recommend seeking legal help as soon as possible after an accident. An attorney can give you an estimate of how much your case is worth and let you know what to expect during the legal proceedings.
Filing a Civil Lawsuit for Compensation
The compensation you win in a civil lawsuit can cover economic and non-economic damages. Economic damages include all accident-related losses with a calculable monetary value, like medical costs, missed work days, vehicle repair, and an estimate of lifelong medical care and lost earnings.
Meanwhile, pain and suffering refer to significant but intangible damages like physical and emotional pain, trauma, scarring, and a disrupted family life.
If your case ends in trial, the court may also award you punitive damages to penalize the offender. Punitive damages usually apply in cases that involve egregious negligence or intentional harm to the victim, which is precisely what happens in many road rage incidents. With some exceptions, the cap on punitive damages in New Jersey is $350,000 or five times the compensatory damages amount, whichever is higher.
Criminal Charges and Civil Lawsuits
Maliciously aggressive road behavior is also a serious criminal offense in New Jersey. Aggressive motorists who cause severe injuries may face a third-degree offense charge. The potential penalties for a third-degree offense include a fine of up to $15,000 and up to five years in jail. Road rage that causes lesser injuries may lead to fourth-degree offense charges, with possible penalties of a $10,000 fine and up to a year and a half in jail.
Criminal and civil courts work separately. An aggressive driver can go through a criminal trial while you file a civil lawsuit against them. However, your civil case may need to pause until the criminal case ends because a lot of evidence in criminal cases is confidential until the criminal court gives its verdict.
You can still pursue a civil lawsuit even if the criminal court clears the aggressive driver of charges. The proof requirements are much higher in criminal cases, so the evidence you have may still be enough to achieve a favorable outcome in a civil lawsuit.
Seeking a Settlement vs. Going to Trial
If the at-fault driver’s insurance coverage is high enough, your lawyer may be able to negotiate a fair settlement with their insurance company. Moreover, even if you file a lawsuit, know that many civil proceedings end in a pre-trial settlement.
Settling your case before trial offers several advantages. It’s quicker, more affordable, and often less stressful, but you may have to compromise for a lower amount than you might have won at trial.
If you have a strong case and the other side fails to make a reasonable offer, going to trial may be the right choice. You could potentially win a high award. However, litigated cases take longer than those that settle before trial, and court rulings can be unpredictable, even if you work with a seasoned lawyer.
Challenges and Obstacles in Suing for Road Rage
When you ask, “Can you sue the driver for road rage?” you should be aware of the primary challenges these cases involve:
1. Difficulty in Proving Road Rage
Often, the biggest hurdle in road rage cases is proving intent. Reckless driving patterns like speeding, swerving, and tailgating aren’t unique to road rage situations. You need a skilled attorney who can show a complete picture of the offending driver’s behavior. Testimony from reliable witnesses can also help tip the scales in your favor.
2. Potential Defenses Used by the Driver
The at-fault driver will almost certainly hire a lawyer to represent them. They may claim that you provoked them or that they acted in self-defense after perceiving a threat from you. They may also deny intent, admitting they were negligent while arguing they didn’t mean to act aggressively.
3. Costs and Time Involved in Litigation
A court case can drag out for years, draining your financial and emotional resources. That’s why so many accident victims choose to seek compensation through an insurance claim rather than a lawsuit.
While the desire to resolve your case quickly and move on is completely understandable, make sure to stand up for your rights. Once you accept a settlement, you can take no further action against the at-fault driver. Your attorney’s experience and advice can help you make smart choices throughout your case.
Hurt in a Road Rage Accident? Call Sadaka Law
Are you wondering, “Can you sue the driver for road rage?” after an accident left you with serious injuries? Contact us at Sadaka Law to learn how we can help you hold the aggressive driver accountable.
Our dedicated, compassionate legal team will work hard to negotiate the maximum compensation on your behalf. Schedule a consultation today.
