South Florida Injury Lawyer Blawg
Road rage puts everyone on the road at risk of harm. All motorists have a responsibility to follow the rules of the road and make safe decisions behind the wheel. If you were hurt or lost a family member due to an accident involving road rage, our hard working Miami injury attorneys can assess your situation and offer you a range of available legal options.
Florida law defines road rage, or aggressive driving, as at least two of the following behaviors: excessive speeding, changing lanes or improper passing, tailgating, failing to yield, and failing to follow traffic signs. Road rage differs from aggressive driving in that road rage may escalate into a criminal offense, such as an assault or incidents involving weapons.
Road rage typically stems from a driver’s uncontrolled rage due to the actions of another driver. Unfortunately, the problem seems to be getting worse. According to the National Highway Traffic Safety Administration, deadly car accidents linked to aggressive driving spiked almost 500 percent in 10 years, from 80 in 2006 to 467 in 2015. In addition, Florida has had more road rage incidents involving guns than any other state in the nation. According to data from the Gun Violence Archive, between the years of 2014 and 2018, Florida had 277 incidents, the highest in the country, followed by Texas (220) and California (157).
In Florida, if you have been injured in an accident that you believe was the result of road rage, you can likely file a personal injury lawsuit against the at-fault party. The vast majority of road rage lawsuits fall under the legal theory of negligence. Negligence is a civil wrong that takes place when one party fails to exercise reasonable care behind the wheel. Reasonable care refers to the degree of care and caution that an ordinarily prudent person would use in the same situation. In order to prove a negligence claim, the plaintiff bears the burden of proving the following: i) the defendant owed a duty of care to the plaintiff; ii) the defendant breached the duty of care to the plaintiff by engaging in aggressive conduct or road rage behind the wheel; and iii) the defendant’s breach was a direct cause of the accident and the plaintiff’s resulting injury and losses.
Once liability is established, you may be able to recover compensation for things liked medical bills, pain and suffering, property damage and more. Every case is unique so the specifics will vary based on the nature and extent of the harm suffered in your particular case.
If you have been injured in an accident involving road rage, our highly skilled Miami road rage accident attorneys can help. At the Law Offices of Robert Dixon, we are dedicated to getting our clients the compensation they rightfully deserve for their harm. We understand that dealing with an aftermath of an accident can be extremely daunting but this is precisely why consulting an experienced attorney can be so beneficial. We are here to answer your questions and talk through any concerns you may have about your case. Call us today at 1-877-499-HURT (4878) or contact us online.