A driver exhibits road rage when they drive in an extremely reckless or careless manner – usually in an attempt to get ahead of other traffic. When people drive recklessly, they significantly increase their chances of causing a traffic accident.
If you suffered injuries in a road rage accident that a negligent driver caused, you have legal options available to you.
In addition to seeking prompt medical treatment for your accident-related injuries, you need to consult a car accident attorney near you as quickly as possible. Your lawyer can then take legal action to pursue monetary compensation and damages for your accident-related injuries and losses.
First, your attorney can investigate your car accident circumstances and explore your potential options. They may also file a personal injury claim with the responsible driver's insurance company or file a lawsuit in the state court system on your behalf.
Additionally, your attorney can handle all settlement negotiations with insurance company representatives and attend all legal proceedings throughout your case.
Finally, your St Louis car accident attorney can answer all of your questions so that you can make intelligent and informed decisions every step of the way.
Common Types of Road Rage
Road rage can take several different forms. One of the most common types of road rage is tailgating other vehicles.
When drivers rush to reach their destination, they may follow another vehicle too closely, fail to leave enough stopping distance, and honk their horns aggressively.
An abrupt traffic back-up occurs on a major highway may cause a tailgating driver to strike the back of another car – often with a significant amount of force.
As a result, the occupants of the front vehicle may suffer whiplash and other serious injuries.
A second common type of road rage occurs when a driver fails to use their turn signal appropriately.
An enraged driver may aggressively weave in and out of busy traffic to arrive at their desired destination sooner. In the process, however, the driver may strike one or more other vehicles, causing the occupants to suffer serious injuries.
Drivers also exhibit road rage when they fail to yield the right-of-way to other vehicles at the proper times, especially at highway exits and merge lanes. An angry driver might cut another car off when the other driver has the right of way, bringing about a severe accident.
If you or a person you love suffered injuries due to road rage, you need to consult a car accident attorney near you as soon as possible. Your lawyer can promptly investigate your accident circumstances by reviewing the police report or retaining a certified accident reconstructionist in your case to investigate the accident circumstances.
Your lawyer can file a personal injury claim with the responsible driver's insurance company on your behalf and handle all settlement negotiations with insurance company representatives.
Common Injuries in a Road Rage Accident
Reckless and enraged drivers frequently speed and commit other serious moving violations.
As a result, the accidents they cause are often very forceful and may cause an accident victim's body to move around abruptly inside their vehicle – or strike a vehicle component, like the headrest or steering wheel. A driver or passenger on the receiving end may sustain extremely serious injuries, some of which may be permanent.
The most common injuries that victims of road rage accidents frequently suffer include:
- Mouth and teeth injuries
- Traumatic head and brain damage
- Paralysis injuries
- Complete and incomplete spinal cord injuries
- Internal bleeding
- Internal organ damage
- Broken bones
- Rib fractures
- Soft tissue injuries
- Open lacerations
- Eye injuries
If you or someone you care about suffered injuries in a recent road rage accident, you should consult with a medical professional right away and carry on with your prescribed medical treatment.
For example, if you suffered a broken bone or other serious injury in your accident, you might need to undergo surgery or other invasive medical procedures. Additionally, you may need to undergo physical therapy if you suffered a soft tissue neck or back contusion in your car accident.
When you receive treatment for your accident-related injuries, your car accident attorney can start advocating for you and pursuing the full monetary recovery you deserve for your injuries.
For example, your lawyer may start gathering medical documentation, reviewing police reports, and assembling a settlement demand package to forward to the insurance company on your behalf.
Proving Fault and Damages in a Road Rage Accident
To recover monetary compensation for the injuries and damages you suffer in a road rage accident, you will need to satisfy the legal burden of proof in your personal injury case.
First, you must demonstrate that the other driver owed you a legal duty of care. This duty of care element is obvious because all drivers must obey traffic laws and drive safely and carefully.
Next, you must demonstrate that the at-fault driver violated one or more traffic laws, such as speeding, tailgating your vehicle, or otherwise operating their vehicle recklessly. Additionally, you need to show that as a direct result of the other driver's reckless maneuvers, both the accident and your physical injuries occurred.
To help satisfy your legal burden of proof, your attorney can retain several experts who can testify at a discovery deposition or civil jury trial in your case. Additionally, they can prepare a report regarding their findings.
For example, an accident reconstructionist may prepare a report about how, in their estimation, the accident happened. Similarly, a treating medical provider or other medical expert can causally relate your injuries to the road rage accident and/or establish that your injuries are permanent and unlikely to get better.
Filing a Successful Personal Injury Claim after a Road Rage Accident
A skilled car accident attorney can file a personal injury claim with the appropriate insurance company on your behalf. As part of the claims-filing process, your lawyer will submit a settlement demand package to the insurance company adjuster in charge of your claim.
That demand package will include:
- Lost income documentation if you missed time from work after your accident
- Medical treatment records
- Medical bills
- Injury photographs
- Photographs of property damage
- Pictures of the accident scene
- Video camera footage of the accident
- Police investigation reports
Once the insurance company reviews this documentation, they will determine if their insured was at fault for the accident. If so, they may enter into settlement negotiations with your attorney.
You should never accept a first-time settlement offer from the insurance company until a lawyer reviews it.
Insurance companies and their adjusters will go to almost any length to settle a case for as little monetary compensation as possible. Insurance companies want to keep as much of their money in-house as possible, and they accomplish this goal by undervaluing personal injury claims and lawsuits.
Your car accident attorney will advocate for you during every stage of the application process.
Specifically, your attorney may highlight the strengths of your case by pointing to favorable expert reports and medical evidence. They can also sue the insurance company if the settlement adjuster refuses to offer you appropriate monetary compensation for your injuries.
Throughout the process, your attorney can provide the information you need to make intelligent and informed decisions, including whether to accept or reject a pending settlement offer from the insurance company adjuster.
Alternatively, your lawyer can advise between various litigation options, such as taking your case to a civil jury trial or pursuing alternative dispute resolution (ADR), such as arbitration or mediation, in your case.
Recovering Monetary Damages in a Road Rage Car Crash
Road rage car accidents typically occur at high speeds, and both drivers and passengers may suffer extremely debilitating injuries that leave them incapacitated for a long time.
The total monetary settlement award, jury verdict, or binding arbitration award that an accident victim receives will depend upon the nature and extent of their injuries (and whether or not they suffered permanent injuries), the total cost of their medical treatment, and the amount of income they lost from being unable to work after their accident.
In addition to recovering monetary compensation for medical expenses, loss of earning capacity, and lost income, accident victims may pursue a claim for their intangible losses.
As part of their non-economic damages, accident victims may recover compensation for their pain and suffering, mental distress, inconvenience, loss of spousal consortium and companionship, permanent disability or disfigurement, permanent scarring, lifetime or long-term care costs, lost quality of life, and loss of the ability to use or move a particular body part that suffered an injury in the accident.
Depending on the circumstances surrounding your accident and the injuries you suffered, your attorney can ballpark the value of your case, helping you make informed decisions throughout the process.
Talk With a Knowledgeable Car Accident Lawyer in Your Area Today
If you recently sustained injuries in a road rage car accident, you need to consult with an experienced attorney in your area as quickly as possible. Accident victims must file a personal injury lawsuit within five years of their car accident date. Otherwise, they risk losing their right to recover any monetary compensation.
A car accident attorney can file a prompt personal injury lawsuit on your behalf, negotiate with insurance company representatives, and handle every step of the litigation process for you.
Let's face it: the last thing you want to do while you are recovering from your injuries is spend hours on the phone with a pushy insurance adjuster.
Your lawyer can also attend all legal proceedings in your case, including a civil jury trial or ADR proceeding, and aggressively advocate for your legal interests. Your lawyer will do everything possible to maximize your total monetary damage award, helping you become whole again after your road rage accident.
Get a free consultation with a car accident lawyer today to discuss your case, understand your rights, and explore legal options. Taking this step can provide valuable insights into your situation and help you make informed decisions about pursuing compensation for your injuries and damages. A no-cost meeting with an attorney can give you immediate peace of mind that your case is in trusted hands.