Road Rage Repercussions: Suing an Aggressor Beyond Criminal Court

by cjadmin | August 5th, 2024

According to a recent report, 19.5% of drivers in California frequently experience road rage. Even more concerning, nearly a quarter have seen another driver get out of their car to confront someone aggressively. These encounters are not only terrifying, but they can also lead to serious accidents and injuries.

If you’re involved in a road rage incident, pressing criminal charges against the perpetrator won’t cover the costs of any damages you suffer. Instead, you can file a civil claim to seek compensation.

Learn more about suing an aggressor after a road rage incident and how our California car accident attorneys at Berg Injury Lawyers can help you fight for the compensation you deserve.

What is Road Rage?

Road rage goes beyond ordinary negligence or minor traffic infractions. It’s characterized by intentional aggressive or violent behavior exhibited by drivers in response to perceived slights or frustrations on the road. Unlike negligence, road rage involves intentional actions that put others at risk, such as:

  • Deliberately cutting off other vehicles
  • Excessive honking or flashing lights
  • Verbal threats or obscene gestures
  • Intentionally tailgating
  • Attempting to force another driver off the road
  • Exiting a vehicle to confront another driver

These actions involve a conscious decision to act aggressively to intimidate or harm others.

Can You Seek Compensation as a Victim of Road Rage?

Victims of road rage in California have the option to pursue compensation through civil lawsuits against aggressors, even if criminal charges are already in place. While criminal proceedings aim to punish the offender, civil lawsuits focus on helping victims recover monetary damages for their physical and emotional losses caused by the perpetrator’s actions.

If someone in a road rage incident hurt you, you can seek the following damages:

  • Medical Expenses: This covers all costs for treating injuries sustained during the incident, including emergency room visits, surgeries, medications, and ongoing therapy.
  • Lost Wages: If your injuries keep you from working, you can seek compensation for the income you’ve missed out on. This also covers potential future earnings if you cannot return to your previous job.
  • Pain and Suffering: This non-economic damage compensates for physical pain and emotional distress caused by the incident. In road rage cases, this may include compensation for anxiety, PTSD, or fear of driving.
  • Property Damage: If your vehicle or other property was damaged during the road rage incident, you can seek compensation for repairs or replacement.
  • Punitive Damages: In cases of extreme misconduct, California courts may award punitive damages to punish the aggressor and deter similar behavior in the future.

Proving Your Road Rage Claim

To win a civil claim for road rage damages, you must be able to prove the aggressor’s actions caused your injuries. Our lawyers can help you gather the following evidence to support your claim:

  • Police Reports: If the road rage incident led to an accident that caused injuries, death, or property damage exceeding $1,000, you must file a police report with the DMV and California Highway Patrol (CHP). Additionally, if you pursue criminal charges against the aggressor, the police will create a report documenting the event.

We can help you obtain the report, which will detail crucial evidence linking road rage to your injuries. It may include a description of the aggressor’s actions, the damage incurred, and statements from witnesses who saw the incident.

  • Witness Statements: We can speak with witnesses to gather further statements that bolster your claim. These conversations can provide additional insights into the aggressor’s behavior and the sequence of events, such as the timing of the incident, the aggressor’s demeanor and language, and the specific actions taken during the confrontation.
  • Video Footage: Our attorneys can help you gather relevant video footage to prove your claim. Video evidence can include dashcam footage from your vehicle or nearby cars, traffic camera recordings, and smartphone videos taken by witnesses, showing what happened and how the aggressor caused you harm.
  • Medical Records: We gather all relevant medical documentation, from emergency room visits to therapy sessions, to comprehensively outline the extent of your injuries and their treatment. This helps establish a clear link between the incident and your ongoing medical needs.
  • Expert Testimony: We engage expert witnesses such as accident reconstruction and healthcare professionals. Their expert opinions will help clarify the details of the incident and confirm the impact of your injuries.
  • Photographic Evidence: We help you collect photos of the vehicle damage, visible injuries, and the accident scene. These visual records provide irrefutable proof of your damages and support your claim in court.

Get Compensated for Road Rage Damages

Don’t let a road rage incident derail your life. At Berg Injury Lawyers, our California car accident attorneys are ready to fight for your rights and secure the compensation you deserve. We handle the legal complexities while you focus on recovery. Contact us today for a free case review and let our experienced team guide you to a fair resolution to your road rage case.