If you’re driving home after a long day, eager to relax, the last thing you want to deal with is road rage from another driver. But, there may be something even worse – road rage that leads to a devastating accident on the road. If someone injures you while driving in Florida, you have the ability to fight for compensation, but there may be even more avenues for success if road rage is in the picture. Today, we will explore how road rage can impact accidents and what you can do if you find yourself in a similar situation.
How Road Rage Causes Accidents and Allows for Lawsuits
Road rage is distinct from aggressive or emotional driving from an impatient driver. Road rage is typically defined as deliberate actions intended to intimidate or harm another driver and, in many cases, force them to take evasive action to avoid crashes and accidents. When an accident results from road rage, the offending driver may be deemed negligent or even reckless, which can strengthen your compensation claim.
Under Florida law, the other driver’s negligence causing your injuries is what you are aiming to prove. Evidence of road rage—such as eyewitness accounts, dashcam and traffic camera footage, or police reports—can be extremely useful as your attorneys work on establishing liability.
Since Florida operates under a “pure comparative negligence” system, you can still recover damages if you are partially at fault for an accident. However, if the other driver’s road rage is evident, it can significantly reduce any claim that you contributed to the accident. Aggressive actions like tailgating and attempting to run another vehicle off the road demonstrate a blatant disregard for safety, which courts take seriously.
Protecting Yourself After an Incident
If you are the victim of road rage that causes an accident, you don’t want to make the situation worse by reacting negatively or aggressively. To secure the best result after your road rage accident, here’s what you should do:
Safety First: Get off the road and move to a safe location, if possible, to check for injuries. Call law enforcement and first responders to report the incident and request medical assistance without delay.
Avoid Confrontation: Confrontations can escalate quickly, and there is no reason to put yourself at greater risk. If the other driver is overly aggressive, do not engage with them or escalate the situation. From here on out, do everything possible to limit the ways the other driver can blame you.
Document Everything: The more information you have for your attorneys, the better. They can use the driver’s information and history to build a case, plus use witness statements and pictures to paint a picture for the court through accident reconstructions.
Seek Medical Attention: Many people involved in car accidents feel fine at first, particularly due to adrenaline and general confusion about what happened. A medical evaluation creates an official record linking your injuries to the accident and prevents lingering problems from becoming life-threatening.
File a Police Report: Official reports often contain additional evidence and can be critical to building your case. Provide the authorities with all details of the incident, including the other driver’s aggressive behavior.
Consult a Personal Injury Attorney: Even though legal representation rounds out this list, the sooner you get in contact with a personal injury attorney, the better. Remember that once you decide to pursue legal action, you should always do so with an experienced local PI attorney by your side.
Once you start a legal case, you will have to deal with uncooperative drivers and insurance companies that attempt to minimize payouts by disputing liability or downplaying your injuries. Attorneys help counter these tactics and allow you to focus on rest and recovery when you need it most. Contact Probinsky & Cole today for help after a road rage accident in Florida.
