The Insurance Information Institute (III) reports that aggressive driving is a leading cause of car accidents. This issue is close to home for residents of San Diego. According to GasBuddy data compiled from its app, San Diego has the sixth-highest number of aggressive drivers in the entire United States. California is also one of only a few states that classify aggressive driving as a criminal offense, as per the California Vehicle Code (VEH) §23103.
If you suffered injuries or property damage, or a family member died because of the actions of an aggressive driver, a San Diego aggressive driving accident lawyer could help you recover compensation. Contact the team at Ben Crump Law, PLLC, to take advantage of a free consultation and learn about your legal options for pursuing compensation after an aggressive driving car accident. You can call us anytime at (800)-598-7557. Since we work on contingency, you won’t pay us any fees unless we can earn a financial award for you.
Aggressive Driving Behaviors
People who drive aggressively create a dangerous situation for anyone near them on the road. The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as when “an individual commits a combination of moving traffic offenses so as to endanger other persons or property.”
Road rage is another common term for aggressive driving. When a driver exhibits various behaviors or commits traffic violations that create a risk to others on the road, that is aggressive driving. Many actions can constitute aggressive driving, but common behaviors recognized as forms of aggressive driving include:
- Cutting off other drivers
- Sudden acceleration and deceleration next to another driver
- Following other vehicles too closely (tailgating)
- Refusal to yield the right of way
- Passing too closely or weaving through traffic
- Changing lanes without signaling
- Failure to obey traffic signs and signals
- Failure to follow other traffic laws
The most common traffic violation is speeding, which causes many car accidents. Speeding often leads to aggressive driving, since when a driver goes above the posted speed limit, it could make them unable to change lanes safely, keep a safe distance from other vehicles, stop in time when required, or observe warning signs.
For a free legal consultation with a aggressive driving accidents lawyer serving San Diego, call 800-598-7557
Pursuing Compensation for an Aggressive Driving Accident
If you suffered injuries because of a car accident caused by an aggressive driver in San Diego, you have the legal right to pursue compensation for your losses, such as vehicle damage, medical bills, and pain and suffering. You can seek the financial compensation you deserve in one of two manners:
- An insurance claim: California is a fault state, so the driver who causes a car accident has financial responsibility for its consequences. Typically, their car insurance provider will cover your costs. You can file an insurance claim with the at-fault driver’s auto insurance company to begin the process. You could also file a claim with your insurance company.
- A personal injury or wrongful death lawsuit: When you deserve more compensation than car insurance provides, or if the insurance company refuses to reimburse you, you can instead seek damages through a civil lawsuit. You could file a personal injury lawsuit for your losses or file a wrongful death lawsuit if your family member died in the accident.
A San Diego aggressive driving accident lawyer can help you determine which route is your best legal option for getting the compensation owed to you. They can also negotiate with car insurance providers on your behalf or manage the lawsuit for you.
For both an insurance claim and a civil lawsuit, you will need to prove that the aggressive driver’s actions caused the car accident. California follows a pure comparative negligence law for determining financial responsibility for car accidents. California Civil Code (CIV) §1714 establishes that a court will reduce the amount you can recover in proportion to your share of fault for the accident. For example, if you share 10 percent of the blame for a car accident in which damages amount to $50,000, you will only recover $45,000.
The team at Ben Crump Law, PLLC, can help you collect evidence to determine fault for the accident and present it to insurance claims adjusters or the court on your behalf. We can manage all the aspects of your case so you can focus on recovery after your aggressive driving accident. Call us today to get started.
San Diego Aggressive Driving Accident Lawyer Near Me 800-598-7557
California’s Statutes of Limitations Can Affect Your Case
If you hope to receive compensation by pursuing a civil lawsuit, you will need to file your case as soon as possible to ensure you do not lose your legal right to do so. All civil lawsuits in California are subject to statutes of limitations, which place a time limit on when you can take legal action after a wrongful event.
How long you have for a legal case depends on the foundation of your case. For a personal injury lawsuit, you have two years from the date of the car accident, but for a wrongful death lawsuit, you have two years from the date of your loved one’s death (which may be the same as the car accident), according to CIV §335.1. If your case only involves property damage, CIV §338 gives you three years to file your suit.
Let Us Help You Recover Damages
At Ben Crump Law, PLLC, we dedicate ourselves to helping victims receive the financial compensation they deserve. By gathering evidence of the aggressive driver’s negligent actions, communicating with insurance companies, and filing a lawsuit on your behalf, we could help you recover payment for all your losses.
You could recover economic damages such as the costs of your medical bills, your loved one’s funeral expenses, your loss of income, and the cost of property damage. You might also recover non-economic damages such as payment for your pain and suffering, emotional distress, and loss of companionship.
Since our San Diego aggressive driving accident lawyers work on contingency, we do not get paid unless you do. Call the team at Ben Crump Law, PLLC, today at (800)-598-7557 to set up your free consultation for your aggressive driving car accident.