Aggressive driving has become a major cause of motor vehicle collisions, especially in high-traffic areas. Driving in this manner creates very dangerous situations for other drivers, passengers, bicyclists, and pedestrians. All too often, aggressive driving ends in disaster, with one or more persons suffering from major injuries. In this situation, a Santa Ana aggressive driving lawyer may be able to assist you in seeking compensation for your injuries from all responsible parties.
When you have suffered extensive injuries in a crash, you likely have your hands full with medical treatment, damage to your vehicle, high medical bills, and time off work. The lawyers at Ben Crump Law, PLLC understand your circumstances and want to offer you help.
We take these cases on a contingency fee basis, which means that you pay nothing out of pocket or upfront for our services. Instead, we get paid for our services when you receive a settlement award to compensate you for your losses. Call (844) 730-0233 and learn more about how we may be able to help you.
Aggressive Driving, Collisions, and Injuries
The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as any way of operating a motor vehicle that endangers persons or property. Aggressive driving most commonly involves speeding, either in violation of the posted speed limit or going too fast for conditions. Other aggressive driving behaviors may include rapidly and continually switching lanes, tailgating, and cutting off other drivers.
According to the California Department of Transportation (Caltrans), motor vehicle accidents resulting from speeding and aggressive driving caused 8,867 deaths and over 31,000 serious injuries between 2008 and 2017. The number of aggressive driving collisions has continued to increase each year since 2012.
In fact, 29% of all traffic fatalities in California in 2016 were due to excessive speed. This figure is slightly higher than the national average. The NHTSA reports that speed was a contributing factor in 26% of all traffic fatalities nationwide in 2017.
For a free legal consultation with a aggressive driving lawyer serving Santa Ana, call (844) 730-0233
Proving Negligence in Aggressive Driving Claims
When aggressive driving causes a crash in which you suffer injuries, you may be able to hold those drivers responsible for their careless driving. If their driving behaviors at the time of the crash were below the standard of reasonable care that another driver would exercise in the same situation, then the drivers may be responsible for the resulting crash.
In other words, if the drivers cause accidents due to poor or illegal driving behaviors, such as speeding or unsafely changing lanes, then you may be able to prove that the drivers were negligent. A Santa Ana aggressive driving lawyer can help gather evidence to support your personal injury claim against the aggressive driver and any other potentially responsible parties.
The conduct of aggressive drivers can lead to traffic tickets. Likewise, some drivers may even be subject to criminal charges for reckless driving or extreme reckless driving. While evidence of traffic tickets and criminal charges stemming from the behavior that led to the crash does not automatically make a driver negligent in a civil personal injury claim, it does provide additional evidence of aggressive driving.
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Compensation for Your Injuries in Aggressive Driving Accidents
Another essential part of proving liability or financial responsibility in a personal injury claim is providing proof of your injuries and other losses that would not have occurred had the collision not occurred. In other words, you must prove that the crash was the main cause of your injuries.
Compensation in an aggressive driving accident claim can take different forms. For instance, one common type of compensation or damages is for medical bills for the past, current, and future treatment of your injuries. You also may miss days at work so that you can recover from your injuries and receive medical treatment. The income that you lose due to your injuries also can be a source of compensation in your personal injury claim.
Other forms of compensation are non-economic or more challenging to value in dollars and cents. You may qualify to recover damages for permanent impairments, loss of quality and enjoyment of life, physical pain and suffering, and mental trauma resulting from the crash. Legal counsel can help ensure that you include compensation for all relevant losses that you have suffered in presenting your claim to the insurance company for the responsible party.
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Time Limitations on Aggressive Driving Claims
Like most states, California law places significant limitations on the timeframe that you must file a personal injury claim resulting from a car crash. California Code of Civil Procedure (CCP) §335.1 permits injury victims to file their claims in court within two years of the date of the crash. While there are a few exceptions to this general rule or statute of limitations, most cases fall into the two-year timeframe.
Failing to file your claim within the proper limitations period can lead to denial or dismissal of your claim. You will have no legal recourse to pursue compensation for your losses in the accident, no matter how negligent or liable the other driver may be. Therefore, filing your claim on time is crucial to the outcome of your claim.
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Let Us Review Your Case Today
Too many people end up suffering the devastating effects of aggressive drivers. If you are in this situation and have suffered injuries, as a result, you may have a claim for compensation against the aggressive driver. Getting a clear review and evaluation from a Santa Ana aggressive driving lawyer can help you determine your legal rights to compensation for your injuries.
No matter how your crash occurred, we can assess your claim and determine whether seeking compensation through a personal injury claim is a viable option in your case. Since time is limited to file your claim, you cannot afford to wait on your case. Call us today at (844) 730-0233 to reach the staff of Ben Crump, PLLC for information about the legal services that we offer to injury victims and their families.
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