Aggressive driving is consistently one of the top causes of fatal crashes in Missouri, according to the Missouri Department of Transportation (MODOT). After you have experienced an accident as a result of aggressive driving, you could have the option to pursue legal action against the party that inflicted those losses upon you. To do so, you must establish that the other party involved in the accident had a duty of care to you as a driver and that they violated that standard of care. Luckily, the standard of care as assigned to drivers in Missouri is implicit. When you take to the road, it is assumed that you will respect the rules of the road and operate your vehicle with other drivers’ best interests in mind.
From there, you must prove that another driver took to the road aggressively or with aggressive intent. Some examples of aggressive driving that may allow you to file a claim can include:
- Speeding
- Tailgating
- Blinding other drivers with hi-beam lights
- Switching lanes without signaling
- Cutting another driver off without signaling
- Shouting obscenities or otherwise making rude gestures at other drivers
- Honking without provocation
Aggressive driving and distracted driving can also occur simultaneously, allowing you to pursue two charges at once. Note that hit and run drivers, as well as those who get into head-on collisions, T-bone accidents, or other roadway accidents, may be accused of aggressive driving.
You can work with a Kansas City aggressive driving accident lawyer to examine the details of an accident or roadway incident. This could help you determine fault if you believe that you or a loved one came to harm as a result of another driver’s behavior. Ben Crump Law, PLLC, might be able to help you pursue compensation for your losses so you can get back on the road and carry on with your life without worrying about your future.
To contact Ben Crump Law, PLLC, you can call (844) 730-0233.
Discussing Your Case with a Kansas City Aggressive Driving Accident Lawyer Can Ease Your Recovery
If you wish to build a civil case against another driver who you believe provoked damages through aggressive driving, you must file a complaint with your local court. In your complaint, you can outline the aggressive behaviors of the driver while providing evidence of how those behaviors impacted your property or person.
You can also use a complaint to enumerate the compensation to which you believe you may be entitled. In an aggressive driving accident, you can fight for economic as well as non-economic losses, including:
- The cost of any medical treatments needed for injuries suffered in the accident
- The cost of medical aids, prescription medications, physical therapy, and psychological counseling as recommended by a medical professional
- Repairs or replacements for damaged property
- Funeral costs
- Lost wages or opportunity for employment
Note that non-economic costs, including pain and suffering or wrongful death, will need to have their dollar values calculated before they are applied to your suit.
You might also have the opportunity to receive punitive damages for your losses. This type of compensation applies if the court deems the behavior of the defendant grossly violated state law and duty of care. However, you cannot establish your desire to see punitive damages applied or an estimate of what those losses may be in your complaint. Instead, you must leave those calculations to the court and instead present a damage estimate based on the costs you can catalog yourself.
Keep in mind that you will want to submit your complaint within Missouri’s statute of limitations, which, according to the Missouri Civil Procedure and Limitations (RSMo) 1939 §1014, gives you five years to act on your losses.
For a free legal consultation with a aggressive driving accidents lawyer serving Kansas City, call (844) 730-0233
Avoiding the Courtroom While Seeking Compensation
If you would rather not take an aggressive driving case to court, you could work with a Kansas City aggressive driving accident lawyer to draft a demand letter. This letter works in much the same way as a complaint. However, you deliver the letter directly to the party you wish to hold liable for your losses instead of to a judge. Should the party who receives the letter understand your position and accept liability for your losses, your attorney may be able to represent you throughout settlement negotiations.
Kansas City Aggressive Driving Accident Lawyer Near Me (844) 730-0233
Understand Your Rights with the Help of a Kansas City Aggressive Driving Accident Lawyer
It can be tempting, when faced with an aggressive driver on the road, to try and respond to that driver’s behavior with similar behavior in an attempt to punish them for their recklessness. It is in your best interest, however, that you allow the aggressive driver to pass you and try not to react to their provocation. This way, you can avoid an accident altogether. Avoiding involvement can also allow you to bring any applicable losses to the attention of a court without accidentally taking on fault for the incident, yourself.
The team at Ben Crump Law, PLLC, including an attending Kansas City aggressive driving lawyer, might be able to help you fight for restitution after one of these exchanges on the road. Together, you could be able to establish the duty of care and its violations while bringing forward a request for compensation. Do not worry about the expense of representation, as the team at Ben Crump Law, PLLC, works on contingency. We will not send you a bill for our services unless your request for compensation is approved and you receive a financial award.
To reach out to Ben Crump Law, PLLC, and seek legal advice, you can call (844) 730-0233.
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