Road rage is a frightening but all too common occurrence on the roads today. Aggressive driving leads to countless accidents and injuries every year, and the injuries can be quite severe given the speed and force drivers are using when the accidents occur.
Aside from normal damages, such as property damages or medical bills, can an injured car accident victim seek pain and suffering damages after a road rage accident?
We have asked attorney Alaina Sullivan about road rage situations. Here is what she had to say:
What Is Road Rage?
Road rage can encompass many things. The most common form of road rage is aggressive driving. This can include excessive speeding, tailgating other drivers, cutting in front of another driver and then slamming on brakes to cause an accident, blocking another car from changing lanes, weaving in and out of traffic erratically, running headlights, and using headlights as a way to blind other drivers on the road.
Road rage can occur on any type of roadway. The aggressive driving, paired with threatening behavior meant to cause fear and distress in other drivers, can lead to serious accidents.
Proving Fault in a Road Rage Accident
When it comes to proving road rage, you need to show more than just the fact that the other driver was angry. Certain elements need to be proven in road rage accidents, which include showing that a legal duty was owed to you, that the other driver breached that duty, and because of that breach, you suffered damages.
All drivers hold a duty of care while driving on the road to act in a reasonable manner, following rules of the road. Obviously, driving erratically and recklessly would be a violation of that duty, but the victim would need to show that the other driver was doing something that was erratic or reckless or at minimum violated a law.
If a driver was tailgating you because you were not driving a certain speed and then cut around you and slammed on their brakes, causing an accident, they violated several rules of the road. You could easily show that they breached the duty of care owed to drivers on the road.
Once that is shown, you need to then prove that injuries or damages resulted from the actions of the other driver.
What Are Pain and Suffering Damages?
Many damages are available to victims of car accidents, including property damage, medical damages, as well as lost income and loss of earning capacity. Pain and suffering damages are also available. These damages cover the physical and emotional stress that come from a serious injury.
If you are seriously injured in an accident, more than just physical pain comes along with that injury. Many times, victims of car accidents suffer from severe depression, permanent disability, and anxiety or PTSD.
Pain and suffering damages are issued to help compensate the victim for the mental anguish and physical pain he or she has had to endure because of the injury caused by the accident.
Pain and Suffering and Road Rage
It would go without saying that a victim of a car accident caused by road rage would suffer a great deal of mental anguish and stress from the accident. He or she may be scared to get behind the wheel and suffer from PTSD from the incident that brought about the injuries from the accident.
Given the intense situations that cause road rage accidents, the fear that comes along with the possibility of serious injury or even death, pain and suffering could be included in with the other damages requested in an accident involving road rage.
Punitive Damages
On top of pain and suffering damages, a car accident victim could punitive damages. These damages are issued by courts as a way to punish a defendant for behavior that is severe and reckless. Road rage is an intentional act, often made with the intent to hurt someone or complete disregard for hurting another person.
Courts seek to try to discourage this behavior, and punitive damages could be a way to punish the defendant for the act of road rage. Consult a personal injury attorney if you believe this is a viable option.
Contact an Attorney Today
If you have been the victim of a road rage accident and have questions about the types of damages you can pursue, it is recommended you contact an attorney to ask any questions you may have. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
