Aggressive driving is an extremely dangerous driver behavior that can lead to devastating car accidents, often with catastrophic injuries or deaths due to factors such as high speeds and reckless driving. If you get hurt in an aggressive driving accident in New York, you can protect your rights by hiring an experienced car accident attorney.
What Is Aggressive Driving?
Aggressive driving refers to a motor vehicle driver breaking multiple traffic laws or using intimidation tactics against other drivers due to stress, frustration or road rage. Aggressive driving may involve excessive speeding, racing, weaving in and out of multiple lanes, cutting off other drivers, brake-checking, tailgating, red-light running, or ignoring traffic signals. Sometimes, driver aggression results in violence and physical altercations.
Are There Laws Against Aggressive Driving in New York?
While New York law does not specifically address aggressive driving, there are laws against reckless driving. If a driver’s aggression or road rage results in driving behaviors that can be considered reckless, the driver could face a misdemeanor charge.
“Reckless driving” in New York means to operate any motor vehicle in a manner which “unreasonably interferes with the free and proper use of the public highway or any parking lot, or unreasonably endangers users of the public highway or any parking lot.”
If an aggressive driver displays a wanton disregard for the safety of others or intentionally puts others in harm’s way, he or she could face criminal charges for reckless driving. If these actions cause a serious car accident, the misdemeanor could be upgraded to a felony.
Aggressive Driving Accident Injuries and Legal Claims
The nature of aggressive driving means that when this type of driver causes a car accident in New York, the crash is often serious. Aggressive drivers may break traffic laws or reach high speeds, which can lead to catastrophic crashes.
Serious injuries can arise from aggressive driving accidents, such as:
- Broken bones
- Soft-tissue injuries
- Neck and back injuries
- Spinal cord injuries
- Traumatic brain injuries
- Internal organ damage
- Amputations
- Crush injuries
- Lacerations, burns and permanent scarring/disfigurement
- Fatal injuries (wrongful death)
When car accident injuries are severe enough to meet New York’s tort threshold, the victim has the right to sue the at-fault driver outside of the state’s no-fault insurance system. This means compensation can be claimed from an aggressive driver beyond what is provided by his or her no-fault personal injury protection (PIP) insurance, such as pain and suffering damages.
The Benefits of Hiring a Car Accident Lawyer in New York
If you get involved in an accident with an aggressive or road rage driver in New York, don’t exit your vehicle. Call 911 from your car with the doors locked and the windows closed. Request paramedics if you are injured. Wait for the police to arrive to exit your vehicle. Do not try to engage with the aggressive driver; let the police get their contact and insurance information for you.
When you’re ready to seek compensation for your accident, start by contacting a local injury lawyer. An attorney can help you prove your claim against the aggressive driver, such as by investigating the crash, collecting evidence, interviewing witnesses and hiring experts. The right attorney will give you greater peace of mind as they handle the legal process of pursuing justice for you.
To schedule a free aggressive driving car accident case review with a reputable attorney in New York, call Abaev Law Firm, PLLC at (212) 763-7738.