Aggressive driving causes far too many accidents. Half of all accidents involve some type of aggressive driving behavior, reports the National Safety Council (NSC). These accidents can be especially dangerous as aggressive driving often includes multiple dangerous driving behaviors, which can increase an accident’s severity.
If you or a loved one was injured in an aggressive driving accident, you deserve to recover compensation from the reckless driver. An aggressive driving accident lawyer in Fort Lauderdale at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. can help.
Call us to schedule a free consultation: 954-524-2820.
Florida Statute § 316.1923 defines aggressive driving as “committing two or more” reckless acts “simultaneously or in succession.”
A study of 2014 data by the AAA Foundation for Traffic Safety found that close to 80 percent of drivers have acted aggressively behind the wheel at least one time over the past year. Some of the most common aggressive driving behaviors include:
While many people use “aggressive driving” and “road rage” interchangeably, they are not the same thing. As mentioned previously, aggressive driving includes dangerous road behaviors that put other people at risk.
Aggressive driving is a part of, and often leads to, road rage. In fact, the study found that those who were unsafe behind the wheel were more likely to display aggression. Some examples of road rage include:
We have all encountered an aggressive driver at some point in our lives. However, the following will help you avoid those drivers:
Even if you follow all of the tips listed above, you may still find yourself involved in an accident with an aggressive driver. If the other driver’s aggressive behavior caused your accident, you may be able to recover compensation through an insurance claim or personal injury suit.
To prove your case, you will have to establish the four elements of negligence:
You will first need to prove that the other driver owed you a duty. You can establish this by showing that a reasonable person would find that a duty exists in the circumstances of your case.
In car accident cases, this element is fairly easy to prove. All motorists have a duty to drive responsibly and not put others at risk.
You will then need to prove that the other driver breached the duty he or she owed you.
You can prove this by establishing that the driver did not exercise reasonable care when operating his or her vehicle. To do so, you will need to show evidence that the driver was driving aggressively (e.g., speeding, tailgating, weaving, etc.).
Police reports taken at the scene of the accident, witness testimony, surveillance video, and photos can be helpful in proving this breach.
Under the element of causation, you will need to prove both “cause in fact” and proximate cause.
“Cause in fact” requires you to prove that the accident would not have occurred but for the driver’s aggressive behavior.
Proximate cause requires you to prove that the driver could have foreseen the harm that occurred. Essentially, you must prove that the driver knew that weaving in and out of lanes and cutting you off could have caused your injury.
Proving causation will require expert testimony, medical records, and other evidence. Our team regularly works with experts to prove causation.
Finally, you will need to prove that you suffered a legally recognized harm. You can prove your damages with medical records, repair bills, and expert testimony.
If you can prove all four elements of negligence, you have made a compelling case to recover damages.
Aggressive driving accidents can cause serious injuries that affect victims for the rest of their lives. In addition to their physical injuries, accident victims also have to worry about how they will possibly pay their medical bills and support their family if the injury keeps them out of work.
Filing a successful lawsuit against the driver responsible for your accident can help you get back on your feet after an accident. You can recover a variety of damages after an accident including:
While nothing can erase the pain and trauma caused by your accident, financial recovery can help you move forward with your life. Do not let the aggressive driver get off scot-free; let the team at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. stand up for your rights.
Give us a call today to schedule a free, no-obligation consultation: 954-524-2820.