We all have a duty of care towards others who share the road with us. An aggressive driver may not only breach their duty of care, but they may also violate one or several traffic laws in the process.
Driving aggressively is an offense. If an aggressive driver caused your accident and you have injuries and other damages, you should take action and find out whether you could hold them responsible. An Austin aggressive driving accident lawyer can determine whether you have a case. Call Ben Crump Law, PLLC now for a free case evaluation at (800) 598-7557.
Definition of Aggressive Driving
Aggressive driving can involve all kinds of behaviors and may even include road rage and physical altercations. The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as “the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.”
Aggressive driving is a factor in more than half of all crashes in the country, according to the Insurance Information Institute (III). Some examples of aggressive driving include:
- Following too closely
- Driving erratically and unpredictably
- Failure to yield right of way
- Not using signals
- Changing lanes improperly
- Ignoring traffic signs and signals
- Generally driving recklessly and without due care
- Pressuring other drivers
- Road rage
- Cutting another car off
While we all can get impatient behind the wheel sometimes, there is no excuse for aggressive driving. Moreover, if an aggressive driver caused your accident and injuries, you could potentially sue them. An Austin aggressive driving accident lawyer can assist you with filing suit against an aggressive driver.
Determining Fault in an Aggressive Driving Accident
Determining fault and proving negligence will be crucial for your case. Even though all drivers should use reasonable care, it will not be enough to simply state that the other driver was driving aggressively. You will need real evidence and proof. If the aggressive driver broke traffic laws and you have clear evidence of their negligence, you could potentially have a good case against them.
In a personal injury lawsuit, you will have to prove certain elements:
- The aggressive driver owed you a duty of care.
- They breached the duty of care.
- The breach is responsible for your accident.
- You have tangible damages as a result.
Unfortunately, the defendant will most likely fight tooth and nail, together with their lawyer, to undermine your claim and perhaps even accuse you of causing the accident.
Having an Austin aggressive driving accident lawyer by your side can give you peace of mind and help you prove a claim. Your lawyer can gather and present the evidence that proves your case. This may include eyewitness statements, police reports, the black boxes of any vehicles, and other types of evidence. Your lawyer may also seek out the opinion of accident reconstruction specialists and other expert witnesses to help further your case.
For a free legal consultation with a aggressive driving accidents lawyer serving Austin, call 800-598-7557
Aggressive Driving Accident Compensation
If you suffered damages and injuries from an accident caused by an aggressive driver, you deserve adequate compensation. If you and your lawyer can prove fault and negligence, you may potentially recover economic as well as non-economic damages, depending on the circumstances of your accident and the severity of your injuries. The court will also take into account how much future care you may need for your injuries, if any.
Compensation for a car accident with an aggressive driver can include:
- Repair or replacement of your car and other property damage
- Past, present, and future medical expenses relating to the accident
- Rehabilitative treatments or therapy
- Physical and emotional pain and anguish
- Permanent disability
- Loss of a limb or a sense (such as eyesight)
- Reduced life enjoyment
If a loved one passed away due to an accident with an aggressive driver, you could potentially file a wrongful death lawsuit. Wrongful death lawsuits are in essence personal injury lawsuits where the plaintiff passed away.
In a wrongful death claim, you may recover some of the general types of personal injury compensation such as medical bills and property damage. Additional damages that you may recover in a wrongful death case include:
- Funeral expenses
- Loss of spousal companionship
- Loss of parental instruction and guidance for minor children
- Loss of inheritance
- Loss of benefits and income from the deceased
Whether you are filing a personal injury or wrongful death lawsuit, you should confer with an Austin aggressive driving accident lawyer who can analyze your accident case and calculate your damages accurately.
Austin Aggressive Driving Accident Lawyer Near Me 800-598-7557
Contact an Austin Aggressive Driving Accident Lawyer Today
Do not make the mistake of accepting a settlement that does not cover your damages adequately. Let your lawyer handle the settlement negotiations and other important aspects of your claim. A lawyer can protect and help you in many ways after an accident with an aggressive driver. Your lawyer will:
Analyze Your Accident Thoroughly
An Austin aggressive driving accident lawyer will take the time to assess your claim comprehensively. They will examine all available evidence and may consult with expert witnesses in order to build your case. Your lawyer will also look at your damages and estimate any expected future damages such as future medical treatments and future lost wages.
Identify All Responsible Parties
Sometimes, an accident that seems clear-cut can turn out to be much more complex. While an aggressive driver may be responsible for your accident, your lawyer will investigate whether any other parties could potentially be held to account. If the aggressive driver was driving a work car at the time of the accident, the employer may be partially responsible, for example. Your lawyer will work hard to investigate all potential avenues for pursuing compensation.
Negotiate a Settlement
Negotiating a settlement with the aggressive driver’s insurance company is best left to a lawyer, as they know what your case is worth and how to expertly negotiate. Moreover, your lawyer knows when to take your case to court. They will also represent you strongly in a court of law, defending your best interests.
Call Ben Crump Law, PLLC now for help with your accident case at (800) 598-7557.