Anger and frustration are common triggers behind road rage accidents, which can lead to injuries and fatalities. You may sustain spinal cord injuries, bone fractures, and other serious injuries if involved in a road rage accident.
Your quality of life may also worsen due to the inability to work or engage in favorite activities. You, therefore, deserve compensation for the injury-related losses associated with the road rage accident.
You should always work with a legal professional for guidance on your next steps after a car accident caused by road rage. A car accident lawyer can explain your rights and design a legal strategy to pursue compensation for your losses.
Can you sue if you’re injured in a road rage accident?
Yes, you can file a lawsuit for injuries caused by road rage. After seeking medical care and reporting the crash, consult a car accident lawyer to:
- Prove the at-fault driver acted aggressively or recklessly
- Collect evidence like medical records, police reports, and witness statements
- File a personal injury claim for damages like lost income, medical bills, and emotional distress
- Challenge lowball offers or insurance denials
Legal action can help hold the enraged driver accountable and secure fair compensation for your losses.
What to Do If You're Injured in a Car Accident Caused by Road Rage
Being injured in a road rage incident is an overwhelming experience. Even so, you can take specific steps to enhance your wellness and protect your rights as an injured victim.
Here's what to do after an injury in a road rage accident:
Seek Immediate Medical Attention
Even if you feel alright, always consult a medical professional. Hidden injuries, such as internal bleeding or concussion, may not present immediate symptoms but can have serious consequences if left untreated.
An examination by a healthcare provider can uncover these hidden injuries and initiate a treatment plan.
Moreover, seeking medical attention right away helps document your injuries. A physician will create a doctor's note, a prescription note, and a diagnostic report for your injuries. A car accident lawyer can use medical records to establish liability and pursue compensation against the at-fault party.
The at-fault party's insurer can question the severity of your injuries if you delay seeking immediate medical attention.
Inform the Police About the Road Rage Accident
You should also inform the police if you suffered an injury in a road rage accident. In many states, drivers must notify the police if a crash results in injury, death, or property damage. By reporting the road rage incident to the authorities, you create an official record of the incident.
The police accident report may contain the following information:
- Date, time, and location of the accident
- Information about passengers and drivers involved
- Details of vehicles involved
- Information about traffic citations
The report may also capture details of the road rage behavior, such as aggressive driving, tailgating, or verbal threats. A car accident lawyer may use the police accident report to establish liability and prove the damages associated with the injury.
Inform Your Insurer About the Crash
If you've sustained an injury in a car accident caused by road rage, inform your insurer about the incident as soon as possible. Many insurers require policyholders to notify them about the crash within a specific timeline.
Sometimes, the at-fault party may hold no or low insurance coverage, affecting your ability to recover compensation. Your underinsurance/uninsured coverage can cover damages resulting from such accidents if the at-fault party fails to cover your losses.
You should also proceed cautiously before signing any agreements or settlements offered by the at-fault party's insurance company. Insurance companies are motivated by profits and always work hard to minimize their financial liability.
A car accident lawyer can evaluate the merits of any offer and advise whether to accept it or pursue a better deal that matches your losses.
Consult a Car Accident Lawyer
The legal aspects that follow a car accident can overwhelm you. A car accident lawyer can be your guiding light, explaining your rights and the available legal options.
A skilled car accident lawyer can also gather evidence to support your case, whether it be eyewitness testimonies, police reports, or medical records. They will meticulously investigate the circumstances of the incident and build a strong case on your behalf.
Moreover, a car accident attorney can take the burden off your shoulders and handle all communication with insurance companies and other parties involved in the case. With their negotiation skills and legal experience, they can achieve a fair settlement that reflects the true extent of your damages.
By enlisting the services of a reputable car accident lawyer, you can focus on your recovery and let them fight for the deserved compensation for your losses.
Proving Liability in a Road Rage Accident
Although you may be entitled to compensation for your losses, you must demonstrate negligent actions by the at-fault party. Unlike other road accidents, road rage involves an enraged driver who acts to intentionally harm you or increase your risk of injury.
The availability of evidence can demonstrate that the driver's aggressive behavior caused the accident.
Pieces of evidence that can prove a road rage accident include:
- Witness Testimony: Eyewitness accounts from individuals who observed the aggressive driving behavior can be instrumental in corroborating your version of events. Their statements can provide additional layers of evidence to support your claim.
- Images and Video Footage: Photos and videos taken at the accident scene can offer visual proof of the aggressive actions that led to the collision. These visual records can capture moments before, during, and after the accident, providing a clear picture of the road rage incident.
- Past Road Rage Incidents: If the driver who caused the accident has a history of road rage incidents, this information can be used to demonstrate a pattern of aggressive behavior. Previous documented cases of road rage can strengthen your case and showcase the driver's propensity for reckless conduct.
- Medical and Cell Phone Records: Medical records detailing your injuries and treatment following the accident are essential in linking your injuries to the road rage incident. Cell phone records can also provide valuable data on the driver's activities leading up to the accident, potentially revealing distractions or aggressive behaviors.
Can You Sue Someone for Road Rage
You can pursue compensation for your losses if you've suffered an injury in a car accident caused by road rage. Road rage accidents can lead to devastating consequences like physical injuries, emotional toll, and financial losses.
Whether the aggressive driver caused the accident intentionally or through reckless behavior driven by anger, you have a right to pursue compensation for your injuries and losses through a lawsuit.
Receiving a low settlement offer from insurance companies after a road rage-related accident can be disheartening, especially if it does not adequately cover your medical expenses, lost income, and other damages.
In such circumstances, it is within your legal rights to challenge the offer through a personal injury lawsuit. A knowledgeable car accident attorney can review your case, gather additional evidence, engage expert witnesses, and submit compelling arguments before a judge or jury.
By working closely with a car accident attorney, you can better understand your rights and legal options, including filing a personal injury lawsuit against the at-fault party.
How Much Can I Sue for Road Rage
There is no average value you can sue for in a road rage accident. The settlement value you can obtain depends on the details and circumstances of your case.
Here are the factors that determine the value of a road rage accident:
Severity of the Injury
The severity of an injury can determine the value of a personal injury claim in a road rage accident.
For instance, if you sustain serious injuries such as broken bones, head trauma, or spinal cord injuries, the value of your claim will likely be higher due to the extensive medical treatment, rehabilitation, and potential long-term effects of these injuries.
On the other hand, minor injuries like bruises or whiplash may result in a lower settlement amount.
A car accident lawyer can gather evidence and pursue fair compensation based on the severity of your injury.
Availability of Evidence
The more evidence you can gather, the stronger your case becomes. The source of evidence can include witness statements, police reports, photos of the accident scene, and any available video footage.
Concrete evidence can support your version of events, establish liability, and increase your compensation. A car accident attorney can help you gather as much information as possible and use it to prove the extent of your injuries.
Insurance Coverage of the at-fault Party
The settlement value of a road rage claim can be directly influenced by the insurance coverage carried by the driver at fault. In most cases, the negligent driver's insurance policy will be the primary source of compensation for damages and injuries caused by road rage incidents.
If the negligent driver has low coverage limits, the compensation available to cover your injury-related losses may be limited.
A car accident attorney can assess the insurance policies involved, negotiate with insurance companies on your behalf, and pursue legal action if necessary to maximize your settlement in a road rage claim.
Legal Representation
In a legal battle stemming from a car accident caused by road rage, having proper legal representation can significantly enhance the value of your claim. A skilled attorney can negotiate with the insurer, ensuring you receive the compensation you deserve.
By enlisting the help of an experienced car accident attorney, you can level the playing field when dealing with powerful insurers.
They can also represent you in court and submit a strong case supported by evidence to maximize your settlement value.
From gathering evidence to negotiating with the opposing party, a lawyer can guide you through each step, enhancing your chances of achieving a favorable resolution in your road rage claim.
Duration of Recovery Period
The duration of your recovery period following a car accident caused by road rage can impact the value of your settlement. An extended recovery period means extensive medical treatment, rehabilitation, and time off work, which may increase your potential settlement value.
A judge or jury may consider the length of your recovery when determining the settlement amount, as it reflects the severity of your injuries and the impact on your daily life.
A car accident attorney can organize your documentation for all aspects of your recovery, including medical appointments, treatments, therapy sessions, and any missed workdays. They will then use these records to negotiate a fair settlement, considering the full extent of your injuries and the associated costs.
Road Rage Compensation
You can recover compensation after a road rage accident to allow you to cope with injury-related losses.
Here are a few damages you can obtain in a road rage claim:
- Medical Expenses: Medical expenses can quickly add up in a road rage accident. From emergency room visits to ongoing treatment and therapy, you deserve compensation for these losses.
- Lost Income: Being injured in a road rage accident may result in missed workdays or even the inability to return to work for a period of time. Compensation for lost earnings covers salary, tips, bonuses, and commissions you'd have earned were it not for the injury.
- Pain and Suffering: The emotional and physical pain experienced after a road rage accident can be overwhelming. Compensation for pain and suffering aims to provide some relief for the distress caused by the accident.
- Reduced Quality of Life: A road rage accident can significantly impact your quality of life, affecting your ability to engage in activities you once enjoyed. Compensation for reduced quality of life seeks to address these limitations.
- Loss of Companionship: You can pursue these damages if the accident resulted in the loss of a loved one or affected relationships with family and friends.
- Emotional Anguish: Dealing with the aftermath of a road rage accident can be emotionally draining. Compensation for emotional anguish aims to acknowledge and address the mental distress caused by the incident.
You Deserve Compensation After an Injury in a Road Rage Accident
You may endure an expensive treatment plan and inability to work after being injured in a road rage accident. Although you may be entitled to compensation, you may encounter resistance from the at-fault party's insurer. A car accident lawyer can establish the value of your damages and protect your interests in the claim or personal injury lawsuit.
In California, you only have two years to file a personal injury lawsuit. You should contact a car accident attorney for legal support, today.
