Everyone has experienced moments of frustration as they drive on the roadways. However, when that anger results in aggressive driving, it puts other motorists, bicyclists, pedestrians, and motorcyclists at risk for injury or even death. Any driver that acts with reckless disregard for human life by driving aggressively on the roadways should be legally responsible and liable for any injuries that result from their negligence and carelessness. If you, or someone you love, experienced a car accident that was the result of aggressive driving, consider speaking with our legal team today to learn how a Milwaukee aggressive driving accident lawyer at Ben Crump Law, PLLC can help you understand all of your legal options and the amount of compensation you may have a right to receive under the law. Call (800) 598-7557 today for a free consultation.
Wisconsin’s Aggressive Driving Laws
Wisconsin has “reckless driving” laws that encompass all aggressive driving behaviors. Wisconsin Statute § 346.61 states that no motorist may endanger the safety of others through the negligent operation of their vehicle. Negligence is when a driver understands that his actions pose a serious and substantial risk to the safety of people and property, and still engages in those actions.
Penalties for Aggressive/Reckless Driving in Wisconsin
The penalties for aggressive driving in Wisconsin are serious and include the following:
- First offense: Up to a $200 fine
- Second offense: Up to a $500 fine and up to a year in jail (if the second offense is within 4 years of the first offense)
- Offenses with minor injuries: If the aggressive driving results in minor injuries, the penalty is up to a $2,000 fine and up to a year in jail
- Offenses with severe injuries: If the aggressive driving results in serious or severe injuries, the penalty is up to $10,000 in fines, up to 3.5 years in prison, a driver’s license suspension, and the charge of a class I felony.
Visiting with a Milwaukee aggressive driving accident lawyer can help you better understand which of these laws apply following your car accident, and what types of penalties the aggressive driver may receive.
For a free legal consultation with a aggressive driving accidents lawyer serving Milwaukee, call (800) 598-7557
Types of Aggressive Driving
The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as the operation of a vehicle in such a way that it endangers persons or property. Some examples of types of aggressive driving include speeding, tailgating, failing to appropriately yield the right of way to other motorists or pedestrians, improperly or quickly changing lanes, inappropriately passing other vehicles, or failing to follow the rules of the road or traffic signals. Road rage is a type of aggressive driving that encompasses some sort of verbal or intentional threat by one motorist against another. Aggressive driving can encompass much more than road rage, and no overt threats need to occur for a driver to be guilty of aggressive driving.
Some examples of aggressive driving can include the following:
- Driving under the influence of drugs or alcohol
- Texting and driving
- Distracted driving
- Fatigued driving
- Driving recklessly during inclement weather
- Lane splitting (when motorcyclists ride between vehicles illegally)
- Road rage.
If you experienced a car accident that you believe may have been the result of aggressive driving, consider speaking with a Milwaukee aggressive driving accident lawyer representative at Ben Crump Law, PLLC to help you understand all of your legal rights.
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How to Prove an Aggressive Driving Case
To receive compensation from an insurance company in a settlement regarding a car accident related to aggressive driving, a victim must prove that the other driver operated his or her motor vehicle with aggression and recklessness. To do that, a victim must prove the following key elements.
The first element is an easy one, and that is that all motorists have a duty to operate motor vehicles in a responsible manner on the roadways. Every motorist, including the driver that behaved in an aggressive or reckless manner, has this duty to others.
Breach of Duty
If a driver operates a motor vehicle in a negligent or reckless manner, they have essentially breached that duty to other motorists on the roadway. The way to prove breach of duty can include looking to the police report to see if law enforcement issued a citation for speeding or reckless driving, using footage from traffic cameras or nearby businesses that may have captured the incident, interviewing witnesses to the accident, conducting an independent investigation into the accident, or hiring accident reconstruction expert witnesses to help determine how the other driver breached their duty through their reckless and aggressive driving that caused the accident.
The investigation into the car accident will need to determine that the driver’s aggressive behavior directly caused the accident resulting in the victim’s injuries and losses.
The victim must suffer actual physical or psychological injuries or financial losses in order to bring a valid aggressive driving case. Losses can include medical bills, lost wages, loss of future wages due to the inability to return to work, future expected medical expenses, cost to repair or replace a vehicle and the contents inside, and pain and suffering. Pain and suffering calculations can prove complex and challenging, but victims have the right to pursue justice and receive compensation for the mental anguish and physical pain they suffered.
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How a Milwaukee Aggressive Driving Accident Lawyer Helps Victims
You may feel overwhelmed after a serious aggressive driving accident. A Milwaukee aggressive driving accident lawyer can help you understand your legal rights, answer all of your legal questions, help you calculate the amount of compensation you may have the right to receive under the law, conduct an independent investigation, and negotiate on your behalf with insurance companies. Consider speaking with a representative at Ben Crump Law, PLLC at (800) 598-7557 to learn more about how a Milwaukee aggressive driving accident lawyer can work with you to ensure your rights remain protected.
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