If you’ve been behind the wheel for any amount of time, you know that driving can bring out the worst in people.
If a driver gets angry, frustrated, or stressed while driving and lets those emotions take over, it can lead to the common term called road rage. Drivers who are actively angry and act on their aggression when behind the wheel put everyone on the road at risk. In extreme cases, road rage has even led to murder.
García Injury Law attorneys can’t control people’s emotions, but we can help you if you’ve been affected by an accident caused by road rage. There are responsibilities that every driver must adhere to, and one of those is acting in a manner that keeps other drivers safe. If someone has participated in road rage negligence, we can help.
The Legal Definition and Consequences of Road Rage
Road rage accidents in Texas have increased over the past few years, with a 135% increase in road rage incidents from 2016-2023. National statistics indicate that nearly one in five drivers have experienced intense anger when driving. Austin road rage incidents alone have seen violent outcomes, even as recently as the start of 2024.
The National Highway Traffic Safety Administration (NHTSA) defines the action of road rage as when “an individual commits a combination of moving traffic offenses so as to endanger other persons…” There are many actions that can count as road rage or aggressive driving, even if they don’t result in an accident:
- Shouting angry or obscene phrases
- Making threats to another driver
- Making rude or obscene gestures
- Engaging in racing
- Throwing something at another vehicle
- Tailgating another driver
- Changing lanes or cutting in front of another driver sharply
- Weaving in and out of traffic
- Following another driver to their location and confronting them
Road rage is likely to make drivers:
- Less attentive to the road
- Engage in speeding
- Engage in poorer driving
- Make poor decisions
Unfortunately, road rage statistics are sorely underrepresented, as only crash statistics related to road rage are included in data. This means that drivers who engage in road rage and perform unsafe driving actions, but do not cause an accident, are unlikely to be held accountable for or change their behavior, potentially leading to more accidents in the future.
Road rage consequences are steep. While there’s no law against road rage specifically, the threats or actions that an individual performs can be considered criminal when they put others in danger. Depending on the severity of a driver’s actions, a misdemeanor or felony could go on a driving record.
A reckless driving charge, where no one was injured, could land a driver in jail for a month with a fine of $200. Making threats against another driver could result in a $500 fine. Actions that could lead to serious injury or death may carry a penalty of up to a year in jail and a fine of up to $4000.
Fines and jail time aren’t the only consequences to consider; if you engage in aggressive driving, you may find that your insurance premiums rise steeply.
Victims’ Rights and Compensation for Road Rage Incidents
Everyone deserves to drive or ride on a safe road. Injuries and deaths caused by road rage are considered intentional, which means that not only was the person who committed road rage negligent but they also are often seen to have the desire to harm another person and are charged with that in mind.
At García Injury Law, we’re here to assist those who have been brutally injured by another’s aggression. You don’t have to go through this alone; our team can help you file a personal injury claim that can be used to pay your medical bills, continue treatment, and make up for lost work time.
The Personal Injury Claim Process in Texas
When filing a personal injury claim for road rage in Texas, you will want to follow specific steps to ensure that you have a smoother path to receiving compensation. Directly after a road rage car accident:
- File a report with police at the accident scene
- Seek medical attention for your injuries and keep records of all doctor’s appointments
- Collect witness information and statements
- Speak with a lawyer who is experienced in road rage cases
- File your personal injury claim
Road rage falls under the statute of limitations, which means you have two years from the date of the accident to file a personal injury claim for a road rage accident. While recovery from accident injuries can take a long time, it’s best to get started on pursuing a personal injury case sooner rather than later. It’s an extensive process, but trusted road rage attorneys can help you through it.
Proving Liability in Road Rage-Related Personal Injury Cases
To prove that a driver who caused your accident participated in road rage, you need to be able to secure evidence that they intended to cause you harm or were behaving in a threatening manner. To make sure that your claim has substantial evidence:
- Write down everything you remember about the events leading up to the accident — what the other driver did, said, or gestured.
- If you have dashboard camera footage, you may be able to use that to prove the other driver’s intentions.
- Witness photos, videos, or statements may also be able to back up your story.
While you may have enough evidence for a personal injury claim, getting evidence that proves that the other driver acted out of rage can be beneficial. Texas operates under comparative negligence claims, which means that both parties can share in the culpability of an accident and file for compensation, if their liability is under 50%. If you get proof that the other driver was fully responsible or intended to cause the accident, you have a higher chance of receiving more compensation.
Contact García Injury Law Today
You and your family deserve the security of knowing your travel plans are as safe as possible. Reach out to García Injury Law at 512-474-4487 or contact us online. We’re ready to help you recover from your road rage accident.
