While many people use the terms “aggressive driving” and “road rage” interchangeably, they distinguish two very different kinds of conduct. Aggressive driving is defined by the National Highway Traffic Safety Administration (NHTSA) as engaging in multiple violations of traffic safety laws simultaneously putting other motorists and pedestrians at risk. While aggressive driving may constitute reckless conduct and justify an award of punitive damages to discourage such unsafe driving practices, road rage involves intentionally threatening or attacking another motorist often with a weapon and constitutes a criminal act, which will usually justify punitive damages.
Aggressive driving is rude inconsiderate driving that frequently includes multiple traffic violations including tailgating, weaving in and out of traffic, speeding and unsafe lane changes. Drivers that engage in aggressive driving in Mississippi often are rushing to meet unrealistic schedules and annoyed by traffic conditions that slow aggressive drivers down. Drivers that engage in aggressive driving practices not only put themselves at risk but may force other drivers who engage in emergency or unsafe maneuvers to avoid a collision. For example, when an aggressive driver tries to pass on the shoulder of the roadway, this may startle a driver in the lane closest to the shoulder so that they veer into another vehicle causing a collision.
When a driver engages in a pattern of motor vehicle violations that place other motorists and pedestrians in danger, the aggressive driver may be strictly liable for injuries caused by his or her unsafe driving practices. The doctrine of negligence per se essentially provides that if a driver violates a driving safety law, which causes injury to someone with whom they share the road, they may be strictly liable for any damages. If a driver engages in certain combinations of driving violations that constitute aggressive driving, such as driving at high speed rates of speed while swerving in and out of traffic, this may also constitute grounds for imposing punitive damages.
While aggressive driving may be unsafe and even reckless, it does not constitute an intentional criminal offense intended to cause injury to another. Road rage is an intentional criminal act designed to inflict physical injury. Common examples of road rage may include ramming another vehicle or pedestrian, running a vehicle off the road, shooting into another vehicle with a firearm or other violent criminal violent acts. Because road rage behavior will generally constitute a criminal offense, a civil lawsuit will typically follow a criminal prosecution. It can be significantly easier for a victim of road rage to pursue civil litigation when there has already been a finding of guilt in a prior criminal case. Because road rage attacks are intentional criminal acts, they generally result in an award of punitive damages against the perpetrator.
While aggressive driving and road rage are two very different types of driving behavior, they are both completely unacceptable and place the safety of others in immediate jeopardy. If you or someone you love has been the victim of a road rage incident or accident caused by aggressive driving in Mississippi, the experienced Mississippi aggressive driving accident attorneys at Barrett law may be able to help you seek compensation for your injuries or loss. Our Mississippi road rage attorneys are committed to the principle that those who engage in wrongful conduct must be punished and victims should be compensated. The experienced Mississippi aggressive driving accident attorneys at Barrett Law have been providing effective representation to Mississippi bus accident victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.