A road rage episode in New York can be extremely dangerous and damaging. If a road rage driver causes your car accident, you may be able to hold him or her accountable for your medical bills, property repairs and other losses. An experienced car accident attorney in Forest Hills can be vital to the outcome of your claim.
What Is Road Rage?
Road rage can refer to a range of driver behaviors that threaten or endanger the lives of others, which come from the driver expressing aggression, frustration or intent to harm. It is beyond negligent driving or a careless mistake. It is deliberate aggression behind the wheel that can be extremely dangerous, as it often leads to reckless driving, serious car accidents and assault.
New York law does not have a specific law against road rage. However, it does prohibit reckless driving under Vehicle & Traffic Law §1212, which is defined as driving “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.”
Examples of Road Rage Behaviors on New York Roads
Road rage often does not describe a single driver action or traffic law violation; instead, it is used to broadly describe a driver who is displaying signs of aggression or violence in how he or she is operating a vehicle.
Examples of road rage include:
- Tailgating (intentionally following too closely)
- Brake-checking
- Excessive speeding or racing
- Weaving in and out of multiple lanes
- Unsafe passing
- Blocking another driver’s path
- Cutting someone off on purpose
- Verbally threatening another driver
- Using a vehicle as a weapon
In some cases, road rage can escalate into physical altercations, with the possibility of assault or weapon violence. In other cases, it can culminate in a major multi-vehicle accident.
The Dangers of Road Rage
New York accidents involving road rage can easily inflict severe and life-changing injuries on those involved. Enraged and aggressive drivers often drive in a reckless manner that increases the severity of related collisions. Common crash types include high-speed car accidents, intersection collisions, T-bone accidents, rear-end collisions and head-on collisions. Injuries can range from broken bones and nerve damage to traumatic brain injuries and spine injuries.
Your Rights as a Victim of Road Rage in New York
New York is a no-fault state, which means drivers who get involved in automobile accidents seek coverage from their own insurance providers, regardless of fault. However, drivers can sue someone outside of the no-fault system if their injuries are serious enough to meet the state’s tort threshold.
If a road rage accident results in serious or permanent injuries, disabilities, disfigurement, or death, the victim can file a lawsuit against the road rage driver. These cases require proof of the road rage driver’s breach of the duty of care and direct causation for the auto accident, assault and injury.
How a Car Accident Lawyer Can Help With a Road Rage Claim
If you get hurt in a road rage car accident in New York, an experienced attorney can help you collect evidence against the dangerous driver, build a compelling case to hold the driver accountable and take care of communications with insurers for you to pursue the maximum amount of compensation available under New York law. In the meantime, you can have the peace of mind to focus on your healthy recovery.
To discuss a specific road rage accident case with a local New York lawyer, contact Abaev Law Firm, PLLC for a free initial consultation.