When a driver intentionally drives dangerously, causing a road rage car accident, that driver should be liable for the damages of the crash. This is because all road users have the responsibility to act reasonably to ensure safety. Failure to do this constitutes negligent driving.
Several factors may affect liability in a road rage car accident. This is why it is crucial to understand how negligence is established in a crash with a road rage driver and what to do to protect your rights.
What Is Road Rage and Why Does It Happen?
Road rage describes drivers’ hostile or violent actions in reaction to road issues. It can take many forms, from yelling and impolite gestures to risky driving techniques and physical altercations. Unfortunately, road rage is more than just anger; it’s an emotional spiral that can result in reckless driving behavior or even criminal activity.
According to counseling psychologist Jerry Deffenbacher, PhD, from Colorado State University, high-anger drivers prone to road rage differ from low-anger drivers in five key ways:
- Hostile Thinking: High-anger drivers engage in more aggressive thoughts, often insulting other drivers and fantasizing about revenge.
- Risk-Taking: They are more likely to speed, switch lanes abruptly, tailgate, and run red lights.
- Aggressive Behavior: High-anger drivers get angry faster and display more aggression, such as swearing, yelling, and honking.
- Accident Prone: In driving simulations, high-anger drivers had twice as many accidents and reported more near-accidents and speeding tickets.
- Trait Anger: These drivers experience higher levels of anger, anxiety, and impulsiveness, often stemming from stress at work or home. They are more likely to get into their car already angry and express their anger outwardly.
Unfortunately, high-anger drivers prone to acting aggressively on the road have higher chances of causing catastrophic auto accidents. 56% of fatal crashes are the result of road rage. Road rage behaviors like speeding, changing lanes without indicating, tailgating and illegal maneuvers are also responsible for over half of these fatal crashes.
When drivers adopt safer and more courteous driving behaviors, aggressive driving will decrease, and everyone’s road safety will improve. This can be achieved by helping drivers understand the causes of road rage and its possible consequences.
Is Road Rage Illegal in California?
California Vehicle Code Section 23103 defines reckless driving as the willful or wanton disregard for other people’s or property’s safety while operating a vehicle. Road rage habits include running red lights, making lane changes too quickly, and tailgating—all of which are considered reckless driving.
As such, each action has consequences, and California law generally prohibits road rage by mandating several legal penalties.
According to California Vehicle Code 13210, if you are involved in road rage, the California Department of Motor Vehicles has the authority to suspend your driver’s license for:
- A maximum of 6 months for a first offense.
- Up to 1 year for subsequent offenses.
Moreover, the DMV can suspend your license for road rage by determining whether you lack the necessary driving skills or declaring you a negligent operator.
Can Road Rage Result in Accidents?
Did you know there was a 500% increase in reported cases of road rage from 2016 to 2015? Unfortunately, Road rage accidents are a thing. According to statistics, driving aggressively is the cause of 66% of traffic fatalities. Since 2013, there also have been roughly 300 fatalities related to road rage.
In May 2020, The Zebra surveyed 1,500 Americans to explore the phenomenon of “road rage.” They found that:
- 19.3% of respondents reported feeling anger and intense aggression while driving within the past year, with 5.5% experiencing these feelings weekly and 2.8% feeling them every time they drive.
- The most commonly observed acts of road rage among American drivers were honking in anger (48.3%), rude hand gestures (41.1%), and yelling at other drivers (35.8%). Additionally, 6.2% witnessed physical altercations where drivers exited their cars to fight.
- According to the survey, the most enraging driving behaviors reported by respondents were distracted driving (27.7%), tailgating (21.4%), and being cut off in traffic (15.6%).
With the dangerous risks of road rage, it is crucial for drivers to avoid being aggressive on the road and always stay calm, even in cases of auto crashes. Instead, contact the authorities if you encounter an aggressive driver.
What Should I Do If I Encounter an Aggressive Driver?
It might be frightening and even dangerous to come across an aggressive driver. If you find yourself in this situation, you should take the following actions to guarantee your safety:
- Stay calm.
- Keep your distance from the aggressive driver. Don’t tailgate or execute unnecessary maneuvers.
- Avoid eye contact with the aggressive motorist, as this could be interpreted as hostile and worsen the situation.
- Try to ignore the hostile motorist and not retaliate if they yell or make gestures at you.
- If you feel unsafe, leave the situation by taking the next exit or going in a different direction.
- If it is safe, you can document the aggressive driver’s actions by capturing them through videos or photos.
- Report the incident to the authorities or the California Highway Patrol and provide them with any information about the aggressive driver.
It is crucial to prioritize the safety of you and your passengers. Taking these precautions can reduce the likelihood of harm and escalation in an encounter with an aggressive driver.
Can I File a Claim for a Road Rage Car Accident?
Some drivers who experience road rage may deliberately harm another driver, while others can cause road rage car accidents. Note that if an aggressive driver causes a collision with your vehicle, you can file a personal injury claim against them to seek compensation for your damages.
However, it’s crucial to demonstrate that the aggressive driver’s actions directly caused the accident to have the right to compensation. Typically, establishing negligence in a road rage accident involves proving these elements:
- The driver had a responsibility to ensure the safety of others on the road.
- They failed to fulfill this duty.
- This breach of duty resulted in the accident.
- The accident caused injuries and other damages.
Remember that you can prove the other driver’s negligence in road rage incidents with solid evidence, such as:
- Photographs or videos of the accident scene
- Witness statements
- Police reports
- Other evidence like car accident reconstructions
Who Is At Fault?
Determining who is at fault in a road rage car accident is crucial to building a case. If you can’t prove that the crash results from a driver’s actions, you may not have the right to receive a settlement. In a road rage accident, the following can be held accountable depending on specific circumstances:
The Road Rage Driver
Generally, the driver who acts aggressively and causes an accident should be liable for the damages sustained by the victim. Road rage drivers commit traffic violations that lead to auto crashes, including:
- Aggressive Driving Maneuvers: A driver experiencing road rage may abruptly change lanes without indicating, tailgate, or weave in and out of traffic. These actions raise the chance of accidents involving other cars.
- Speeding: Driving at high speeds while experiencing road rage can make it harder to react quickly and cause more severe collisions.
- Running stop signs or red lights: In fits of wrath, motorists may fail to heed traffic signals, resulting in intersection collisions, including T-bones.
- Loss of Control: Aggressive and angry driving can cause a driver to lose control of their car, resulting in accidents.
- Distraction: Drivers who experience road rage are more likely to be distracted by their feelings than by the road and its dangers, which raises the possibility of collisions.
- Deliberate Collisions: When drivers use their cars as weapons against one another, it is possible for road rage to turn into purposeful collisions in severe situations.
If you can prove that the driver committed such actions or other traffic violations, resulting in a road rage accident, you may hold them liable for the damages.
However, sometimes, it may be challenging to prove their negligence, especially if you fail to collect evidence at the scene. A California auto car accident attorney can use their expertise and resources to gather proof and determine liability to establish your case.
Lawyer’s Tip: If your lawyer can prove that the driver’s actions were hostile, malicious or extreme, you can contend for punitive damages to increase your settlement. However, the court decides if you should receive such an award.
You Are Partially Liable
Even if you bear partial responsibility for the accident, you can still pursue a car accident claim against the other driver. In California, the legal system operates under the pure comparative negligence principle, which allows individuals to seek compensation regardless of their degree of fault in an accident. However, the compensation you receive is typically reduced proportionally to your level of fault.
For instance, an aggressive driver was speeding as they followed another vehicle. Despite seeing the car from afar, you turned into an intersection, thinking the vehicle was still far enough. Unfortunately, the speeding driver wasn’t able to react accordingly and collided with you.
If the court finds you 20% liable for the crash, you may receive 80% compensation. Conversely, the negligent driver could seek 20% compensation for their damages. This is why it is crucial to consult a California auto accident attorney who can assist you in evaluating the appropriate settlement amount and safeguarding your legal interests.
How Can a California Car Accident Lawyer Help Me?
Several factors may hinder you from claiming compensation for road rage car accidents. For instance, an aggressive driver hit you while trying to catch another driver. Since they were focused on the first vehicle, they left the scene without sharing their information with you. How, then, can you file a claim if you can’t identify and locate the driver?
It’s essential to consult with a California auto accident attorney to protect your case. They can assess liability in your collision and recommend the best legal steps to secure fair compensation. An attorney can also:
- Evaluate the details of your case thoroughly.
- Gather evidence to bolster your claim.
- Avoid procedural errors throughout the case.
- Negotiate with the insurance companies of the at-fault driver.
- Safeguard your rights in court if litigation becomes necessary.
Jacoby & Meyers boasts some of California’s most adept personal injury lawyers. They are committed to safeguarding your legal interests and ensuring you receive just compensation. While many firms handle accident claims, Jacoby & Meyers distinguishes itself by its steadfast advocacy for clients’ rights, making it the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has been a stalwart champion for accident victims’ legal rights, securing substantial settlements. Their impressive track record, which includes over $2 billion in settlements, underscores their unwavering commitment to clients.
If you’ve sustained injuries in a car accident, Jacoby & Meyers stands ready to assist you. They offer complimentary consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
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Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How To Document Witness Testimonies for Car Accidents in California
- What Happens If an Unlicensed Driver Hits Me?
- Am I Liable for a Crash for Running a Yellow Light?
- Is Eating While Driving Considered Negligence in California?
Works Cited
“California Vehicle Code 13210.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13201.&nodeTreePath=9.2.2&lawCode=VEH.
“The fast and the furious.” American Psychological Association, 1 February 2014, https://www.apa.org/topics/anger/road-rage. Accessed 25 June 2024.
LaMotte, Sandee. “Road rage is on the rise. Here’s how to survive dangerous encounters.” CNN, 10 September 2019, https://edition.cnn.com/2019/09/10/health/road-rage-survival-tips-wellness/index.html. Accessed 25 June 2024.
“Reckless Driving | Vehicle Code 23103 VC.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23103. Accessed 25 June 2024.
“Road rage.” Wikipedia, https://en.wikipedia.org/wiki/Road_rage. Accessed 25 June 2024.
“Road Rage Statistics in 2024.” The Zebra, 15 September 2023, https://www.thezebra.com/resources/research/road-rage-statistics/. Accessed 25 June 2024.
“Wake-Up Call: 7 Shocking Road Rage Statistics You Didn’t Know.” DriversEd.com, 29 January 2023, https://driversed.com/trending/wake-up-call-7-shocking-road-rage-statistics-you-didnt-know. Accessed 25 June 2024.