Do I Have a Legal Claim After a Road Rage Incident Injures Me?

When drivers operate their vehicles overly aggressively, they significantly increase their chances of causing an accident. Road rage occurs when one driver becomes angry at another driver—perhaps because the other driver is operating their vehicle too slowly or doing something else to ‘annoy’ the first driver. In response, the enraged driver may weave in and out of traffic recklessly and carelessly, tailgate the slow-moving vehicle, fail to use a turn signal, or speed out of control.

All of these negligent driving maneuvers can lead to severe collisions that result in injuries for everyone involved. In addition to causing a motor vehicle collision, the enraged motor vehicle driver might also strike a pedestrian or cyclist in the vicinity, causing severe injuries.

If you have become injured in a motor vehicle collision that resulted from road rage, you have legal options. A knowledgeable car accident lawyer can protect your legal rights and work to get you the compensation you deserve by filing a personal injury claim against the at-fault driver. 

Your legal team can negotiate with the at-fault driver’s insurance company and, if necessary, file a lawsuit in court and litigate it to a conclusion. Let a car accident lawyer help you pursue the monetary damages you need for your accident-related injuries today.

Defining Road Rage

Road rage refers to operating a motor vehicle in an overzealous or aggressive manner in response to a supposed or actual event. There are several types of characteristics and driving maneuvers that constitute road rage.

The most common include the following:

  • Aggressively and repetitively honking at other vehicles
  • Switching lanes on multi-lane roadways without using the proper turn signals
  • Tailgating vehicles in an attempt to try to make them move faster
  • Weaving in and out of roadway traffic to get ahead of other drivers

In many instances, the aggressive drivers who exhibit these characteristics also violate the speed limit. When that happens, they might not stop in time to avoid a severe impact.

If you or someone you care about suffered injuries because of negligent driving or road rage, a car accident lawyer in your area can explain your legal rights and options and help you file a claim against the at-fault driver’s motor vehicle insurance company. We can then negotiate with the insurance company adjuster on your behalf in hopes of pursuing fair settlement compensation for you.

Types of Collisions that Result from Road Rage

An enraged motor vehicle driver who is likely speeding and erratically operating a vehicle can bring about various types of collisions—all of which can lead to severe injuries. Some of the most common accidents that happen include T-bone accidents, rear-end collisions, and sideswipe accidents:

T-Bone Accidents

A T-bone motor vehicle collision occurs when the front of one vehicle strikes the side of a vehicle that is traveling on an adjacent roadway in a different direction. These collisions are prevalent at busy traffic intersections where an aggressive or enraged driver tries to beat a red traffic light or run a stop sign.

When a driver is in a hurry, usually because the driver in front of them is not moving fast enough, the first driver can bring about a severe collision in the middle of the intersection, resulting in injuries and damages for everyone involved in the crash.

Rear-End Collisions

A rear-end collision occurs when the front of one vehicle collides with the back of another vehicle. Sometimes, these collisions happen with such a degree of force that the impacted vehicle strikes another vehicle, resulting in a chain-reaction-type collision.

These accidents sometimes occur when overly aggressive drivers follow the vehicles in front of them too closely and do not allow enough stopping distance on the roadway or at a traffic intersection. In a rear-end collision, the force of the impact might cause the driver and passengers to suffer neck and back whiplash injuries.

Sideswipe Accidents

A side-impact collision happens when the sides of two vehicles brush up against one another. These types of accidents can occur when a driver is not paying attention to the road and drifts into an adjacent travel lane. However, these accidents can also occur when drivers become frustrated, fail to use turn signals, and aggressively weave in and out of busy highway traffic.

When that happens, the enraged or angry driver might cut off another vehicle or bring about a sideswipe accident, causing the vehicle occupants on the receiving end to suffer debilitating injuries.

If you have suffered injuries in one of these types of accidents that occurred due to road rage, a skilled car accident lawyer will be ready to assist you throughout the process. Your experienced legal team can help you satisfy all of the legal elements of your car accident claim and work to recover the compensation you need for the injuries you suffered.

Injuries That Result From Road Rage Accidents

Injuries that result from a road rage collision are frequently severe. This is especially true when these accidents happen at high rates of speed. The force of an impact in a rear-end, sideswipe, or head-on collision that resulted from an enraged driver can cause the accident victim’s body to move around inside the vehicle.

For example, the accident victim’s body can abruptly move back and forth or side to side. In addition, they can strike something that is inside the vehicle, like the dashboard, window, headrest, or steering wheel, suffering a severe injury as a result.

Some of the most common injuries in road rage collisions include traumatic head injuries, whiplash injuries, spinal cord injuries, paralysis injuries, broken bones, and soft tissue injuries. Any of these injuries can result in the need for significant medical treatment and rehabilitation after the accident, which can result in inconvenience, missed work, and pain and suffering. However, one of the first steps that a car accident victim should take after their collision is to seek prompt medical treatment at a hospital or urgent care center.

The provider there can take the necessary imaging studies, including X-rays, MRIs, and brain scans, to ascertain the full extent of the accident victim’s injuries. In addition, depending on the accident victim’s injuries, the healthcare provider can render emergency assistance and make recommendations for follow-up treatment, such as with a primary care doctor or with an orthopedic physician.

In addition to seeking proper medical care and treatment after a road rage accident, reach out to a knowledgeable car accident lawyer as soon as possible. They can begin handling all of the legal components of your car accident case while you focus your attention on getting better and making a full recovery from the injuries which you suffered in the collision.

Filing a Personal Injury Claim against an Enraged Driver

To win a personal injury claim against an enraged motor vehicle driver, you must demonstrate that the driver acted unreasonably under the circumstances. Usually, this means that the driver must have violated a traffic law, such as by failing to use a turn signal, speeding, or overzealously weaving in and out of traffic on a busy roadway.

In addition, you must show that this negligent action or inaction resulted in the collision. Furthermore, you must have suffered at least one personal injury in the collision, and your injury must have directly resulted from the collision.

When it comes to proving these legal elements, the accident victim has the burden of proof. Assuming you can meet your required legal burden, you can then pursue fair settlement compensation for your injuries. The first step in the claims-filing process is to submit a settlement demand letter to the insurance company adjuster, along with a complete demand package.

The demand package will include copies of your lost wage statements, investigation reports, and the like. The insurance company adjuster will review all of this information and may offer to resolve your claim through settlement.

The right car accident lawyer can negotiate for you and work to get the insurance company adjuster to increase their settlement offer. If the offer rises to an acceptable level, you can accept the offer, and the case will end. However, in some road rage car accident cases, the insurance company will not offer favourable compensation right away. When that happens, you may need to litigate your case in court.

The litigation stage of a personal injury case begins by filing a lawsuit. The parties can still negotiate a settlement offer after that. However, they will need to engage in discovery to find out more about the other side’s version of the case. They can then resolve the case at an alternative dispute resolution proceeding or a jury trial.

Your lawyer can help you decide the best course of action to get you the compensation you deserve.

What Potential Damages Can I Recover as Part of a Road Rage Collision in Alberta?

Victims of road rage accidents can pursue various types of monetary compensation and damages for their car accident injuries. The compensation you might be eligible to recover in your case may be different from the settlement recovery in someone else’s accident case because some accident victims suffer more severe injuries than others.

In addition, when offering personal injury settlement compensation, insurance companies will consider the inconvenience of the medical treatment that the accident victim incurred, as well as the extent of the accident victim’s injuries. Generally speaking, when an accident victim suffers a permanent injury, their case will be more compensable than if they did not suffer a permanent impairment.

Victims of road rage accidents can pursue compensation for their out-of-pocket losses, as well as for any wages that they lost as a result of not working following their collision.

In addition, they can pursue compensation for their noneconomic damages. These damages compensate for related mental distress, emotional anguish, pain and suffering, inconvenience, loss of the ability to use a body part, and loss of enjoyment of life. Accident victims may file a claim for loss of spousal companionship or consortium.

Experienced car accident lawyers will take all of the steps necessary to maximize the compensation you recover in your case. We can negotiate with the insurance company on your behalf and, if necessary, aggressively fight for your legal rights in court.

Call a Skilled Car Accident Lawyer About Your Accident and Injuries Today

If you sustained injuries in a motor vehicle collision due to road rage, you want a knowledgeable and compassionate legal team handling your case. Your lawyers can file a claim or lawsuit against the responsible driver and advocate for your interests at every stage of the proceedings.

Michael Hoosein
Car Accident Lawyer, Michael Hoosein

If the insurance company does not offer you favourable compensation and you have to take your case to a trial, your legal team can highlight the strengths of your case, downplay any weaknesses, and pursue the full amount of the money damages you deserve.

For a free legal consultation and case evaluation with a knowledgeable car accident lawyer, please call us today or contact us online for more information.

You might not know what to expect in your free consultation, but you should not have concerns or feel intimidated. We listen to the details of your car accident and why you think a road raging driver was to blame. We can review any documentation you bring along and advise you whether we believe you have a valid case.

If needed, we can conduct an additional investigation – possibly into arrest records of the driver – to be sure of liability for your crash. Then, we begin standing up for your rights to compensation for your pain and suffering and other losses. Contact a car accident lawyer to help you fight to recover fully.

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