Staying Safe When Another Driver Exhibits Road Rage
Road rage accidents are more common than many people realize. However, not every accident involving an aggressive driver falls into the category of road rage.
How Do Road Rage and Aggressive Drivers Differ?
The National Safety Council explains the differences between aggressive driving and road rage.
Aggressive driving is a traffic violation. Examples include speeding, tailgating, cutting off another car and speeding up when another car tries to pass.
In contrast, road rage is a criminal offense. It is an assault with a motor vehicle or other dangerous weapon by a driver or passenger against a person in another motor vehicle. Incidents occurring on the road, such as an accident or cutting off another driver may lead to the assault. However, when road rage occurs, there is an element of willful disregard for other’s safety. To meet the legal definition of assault in Texas, the person must intentionally or recklessly cause bodily injury to another. Or the person must intentionally or knowingly threaten another with imminent bodily injury.
Examples of road rage include:
- Intentionally ramming or bumping into another’s vehicle
- Running another car off the road
- Getting out of the car and threatening another driver
- Threatening or shooting another driver with a firearm
What Are the Victim’s Legal Rights in Road Rage Accidents?
If the other driver’s road rage caused the car accident, you would have a legal claim for damages, including the physical injury and property damages. You may also be able to recover damages for the intentional emotional distress experienced. In addition, the other driver may also be subject to criminal charges.
Have You Been Injured in a Crash?
Based in San Antonio, Law Office of Michael R. De La Paz represents clients in accident cases statewide. Clients contact us from Denton to South San Padre Island. There is no out of pocket expense to discuss your accident. We offer a free consultation and evaluate whether legal grounds exist to pursue a case.