After you suffer injuries from an aggressive driving accident, you could feel overwhelmed with everything you need to do. You need to recover from your injuries, repair or replace your damaged vehicle, work with auto insurance companies, and manage the impact of lost wages if you cannot work during your recovery. A serious accident could leave you managing the affairs of a loved one who died because of their injuries.
You can hold the other driver who acted aggressively and caused the accident accountable. Working with an Oakland aggressive driving accident lawyer can help you decide if filing a personal injury lawsuit in the civil court system is the right choice for you.
If you or a loved one has suffered injuries in an aggressive driving accident, you could be entitled to compensation related to your damages. Contact Ben Crump Law, PLLC, today at 800-959-1444 to schedule a free consultation with a member of our team. We can answer any questions you might have about the legal process to make an informed decision about your options for recourse.
Aggressive Driving Accidents
You could see legal action for many different types of aggressive driving accidents, such as rear-end collisions, sideswipes, and front-end crashes. No matter the type of accident and vehicle damage resulting from aggressive driving, you can take legal action to recover compensation from the aggressive driver.
According to the National Highway Traffic Safety Administration (NHTSA), a direct link exists between aggressive driving and traffic congestion. Since heavy congestion already increases the chances of having a car accident, aggressive driving and illegal behavior become even riskier on severely congested streets and highways. People can grow frustrated by sitting in traffic and take out their frustration in inappropriate ways.
According to the Department of Motor Vehicles (DMV), using your horn, not using turn signals, tailgating, and driving too slowly in the fast lane can all lead to aggressive driving. However, even misusing your horn or driving slower than the flow of traffic does not give someone a legal license to act aggressively around you.
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It can sometimes be difficult to prove that another driver drove aggressively and caused the accident. While sometimes, investigators find apparent signs of aggressive driving that they can document, such as speeding or the vehicle’s angles at the accident scene. Other accidents leave no physical evidence of the at-fault party’s aggressive driving, making it a bit more difficult to determine liability.
However, this lack of physical evidence does not make it impossible to prove the other person’s liability because of their aggressive driving. If the responsible party displayed signs of road rage, speeding, racing, or tailgating, it is possible that other people saw what happened and can give testimony on how the other person acted. Multicar accidents can result from aggressive driving, meaning that multiple victims could testify to what happened to them.
An Oakland aggressive driving accident lawyer can also utilize other ways to determine liability in your car accident. These methods can require serious investigation and compiling many different types of evidence. For example, an investigation could show that the other driver has past offenses involving anger management issues, demonstrating an established behavior pattern.
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Statute of Limitations
CCP § 335.1 sets the statute of limitations for personal injury lawsuits after most car crashes, including aggressive driving accidents, at two years from the date of the accident, while CCP § 338 gives you three years to recover for property damage. Exceptions to these time limits include the aggressive driver driving a city-owned vehicle, which could shorten the timeframe to file your case.
If you have any questions about how the statute of limitations will impact your particular aggressive driving accident case, call Ben Crump Law, PLLC, for a free case review with our team.
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Possibly Recoverable Compensation
If you suffered injuries in an aggressive driving accident, you could recover compensation for your expenses. The compensation that you can typically claim in a car accident lawsuit includes medical expenses, property damage, and lost wages. Other types of compensation that you could claim depend on the specifics of your situation.
Your actual accident-related expenses form the basis of your personal injury lawsuit. An attorney can help you determine how much to seek as compensation by collecting medical records and billing statements from service providers to calculate your economic damages.
A judge or jury might also award pain and suffering compensation and punitive damages in some cases. Pain and suffering damages address the mental and emotional stress that the accident put you through. An Oakland aggressive driving accident lawyer can use one of several formulas to determine the value of your pain and suffering.
Judges and juries award punitive damages to punish bad behavior by the at-fault party in an effort to curtail similar conduct in the future. Courts usually reserve this type of compensation for cases where the aggressive driver’s actions are particularly heinous.
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Seeking Legal Action
To recover compensation for expenses related to your aggressive driving accident, you can pursue a personal injury or property damage lawsuit within the civil court system. This suit might serve as your only method to get the money you need to cover your accident-related expenses. While you can accept whatever amount of money comes from the auto insurance providers involved, it will likely not be enough money to cover all your costs.
In the end, it is your choice whether you want to seek legal action from the responsible party to cover your expenses fully. If you decide to seek legal action, you can opt to work with a lawyer who can help you gather evidence, file legal motions with the court system, and represent you throughout the entire process. You do not have to go through it alone.
Contact Us to Schedule a No-Risk Consultation
If you or a loved one has suffered injuries by an aggressive driver, you could be entitled to compensation related to your injuries or losses. An Oakland aggressive driving accident lawyer can help you fight for the justice and compensation you deserve. Call Ben Crump Law, PLLC, today at 800-959-1444 to schedule a free consultation with a team member.
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