Aggressive Driving
Accident Lawyer

Most states define aggressive driving similarly. For example, in Arizona, the law differentiates aggressive driving from more general forms of reckless or dangerous behavior on the road. Under the state statute, a driver’s actions constitute aggressive driving if they violate one or more specific traffic laws, such as exceeding the speed limit or failing to yield, and also present an immediate danger to another person or vehicle. This combination of actions must be willful and wanton, displaying a blatant disregard for the safety of others.

Understanding the legal definition is essential for law enforcement responding to the scene and for individuals involved in the accident. The criteria must be verifiable for an offense to qualify as aggressive driving. When charged criminally, the aggressive driver can face severe penalties, including license suspension and hefty fines. However, this is a separate process from your civil case against them. If you suffered injuries or property damages, you can seek financial compensation for your losses through the local civil court, even while the defendant faces criminal charges in criminal court.

An aggressive driving accident attorney is an advocate, representing victims and their families in claims against negligent drivers. Some specific elements of their job in protecting your right to compensation and holding the aggressive driver financially accountable include:

• Evidence collection. They gather all the necessary evidence, from police reports and witness accounts to photographic documentation and medical records, to build a robust case proving the defendant’s negligence.
• Negotiation with insurance companies. Personal injury attorneys handle all communication with the insurance companies, negotiating to secure the maximum compensation available for your injuries, property damage and more.
• Legal advice and strategy. Your lawyer will advise you on the best legal course of action based on the unique circumstances of your accident. It typically includes accepting an out-of-court settlement but may involve proceeding to trial in rare cases.
• Expert consultation. Lawyers often consult with medical professionals, accident reconstructionists and other experts to substantiate your claim and prove the extent of your injuries and damages.
• Court representation. If the case goes to trial, the lawyer represents the victim in court, presenting the collected evidence and arguments to aim for a favorable judgment.

Aggressive driving accident attorneys generally recognize the financial burdens often accompanying these cases. To help alleviate that burden, they typically work on contingency, charging no fees for their services unless they secure a settlement or award for you.

Dealing with an aggressive driver is often as terrifying as it is frustrating. It requires you to shift into a defensive driving mode. Knowing the signs of an aggressive driver and what you can do to protect yourself could help prevent a dangerous accident and severe injuries.

The Signs of an Aggressive Driver

Recognizing the signs of an aggressive driver could save you from a severe accident and help you respond quickly. Some common behaviors exhibited by an aggressive driver include:

• Exceeding the speed limit and switching lanes without regard for surrounding vehicles
• Following too closely behind another vehicle, often to intimidate the car in front to move out of their way
• Making frequent and abrupt lane changes without signaling
• Disregarding traffic signals or stop signs
• Engaging in verbal abuse, honking or obscene hand gestures to show frustration and impatience

Knowing these indicators empowers you on the road. However, you can sometimes do little to avoid an aggressive driver. When an accident occurs, the civil system is on your side.

Responding to Aggressive Driving

The first step in responding to aggressive driving is to create distance between yourself and the aggressor by changing lanes or exiting the road without breaking traffic laws. Keep your doors locked and your windows rolled up. If they continue to follow, do not drive home. Instead, head directly to a police station or public place with plenty of witnesses. If you can access a hands-free device to call the police, you can report the incident from inside your vehicle. Ideally, you will have a passenger call for you while you focus on the road.

Collect as much information as possible without engaging with the aggressive driver. For example, you may note their license plate number, vehicle make and model and a description of the driver. Witnesses may play an essential role in the legal process, so gathering contact information from anyone willing to give an account will help.

Once you reach safety, you can file your official report with the police. Then, consult an aggressive driving accident lawyer to understand your rights and the available legal options. If you suffered injuries or property damage, an attorney can help you immediately start the civil claim process.

Common Injuries Aggressive Driving Accidents

Because aggressive drivers often travel at high speeds and make irrational judgments, the collisions they cause can be severe and result in serious injuries. Some common examples include:

• Whiplash. Sudden stops or changes in direction can cause neck strains, tearing the soft tissue and cause pain and swelling.
• Broken bones. Fractured bones in the abdomen and extremities are common in high-impact collisions.
• Concussions. The forceful impact in aggressive driving accidents can cause head injuries, including concussions and other traumatic brain injuries that can cause long-term neurological effects.
• Spinal injuries. Back and spinal cord injuries can lead to paralysis or chronic, life-long pain.
• Internal injuries. The force exerted during a crash can damage internal organs and lead to internal bleeding, requiring immediate medical attention and often surgical intervention.

Understanding the common types of injuries can inform preventative measures and help victims comprehend the full extent of their medical needs following a crash. This ensures you adequately value your claim to receive compensation for all required medical care.

The value of your claim comes from the recoverable damages available to you. These compensatory losses can be economic or non-economic. In some cases, the court may order punitive damages as an additional punishment for the aggressive driver.

Compensatory Losses

Compensatory economic and non-economic damages can vary significantly from case to case. Some examples of recoverable monetary and psychological losses include:

• The cost of medical care, including continued treatments like rehabilitation
• The income lost due to missed work or losing the ability to perform at your job
• The cost of repairing the property they damaged in the crash
• The pain and suffering from your physical injuries and medical care
• The emotional pain and suffering endured, such as post-traumatic stress and anxiety

Proving these losses is vital to an aggressive driving accident lawyer’s position.

Punitive Damages

Most car accident cases do not warrant an award for punitive damages. However, cases where an aggressive driver causes a severe accident, resulting in excessive damages, may constitute an award of additional compensation. The purpose is to punish the at-fault driver for their gross negligence and hopefully deter them from similar behavior in the future.

Individual states mandate the laws that govern wrongful death cases. For example, Arizona law defines wrongful death as one that results from a wrongful act, neglect or default of another party. If you lost a loved one in an accident involving an aggressive driver, you may have the opportunity to file a wrongful death claim or lawsuit on behalf of the person you lost. This type of claim provides financial relief to the bereaved surviving family affected by the accident.

In most states, the deceased’s spouse, children, parents or personal representative can file a wrongful death claim. They may seek compensation for financial expenses, such as funeral costs, lost income and lost inheritance. They can also recover damages from their emotional injuries, such as the loss of companionship, nurturing and guidance their loved one provided. The law cannot make such a devastating loss whole, but it can help alleviate the financial strain.