What Are the Damages & Liability for a Road Rage Incident?
Road rage incidents have gradually increased in recent years. Unfortunately, many road rage incidents result in serious injuries or substantial property damage. If you have been involved in a road rage incident, you might be able to sue the other driver for any personal injuries you suffered or damage that was done to your vehicle. You might even be able to press criminal charges against the other driver, assuming that you can identify them.
If the person threatened to strike you or did something that placed you in reasonably apprehensive and unsafe state, they can be charged with assault. If the other person harms or touches you without your consent, they can be charged with battery. The following are examples of battery:
- The other driver deliberately used their car to hit your car
- While you are in or near your vehicle, the other driver gets out and begins to pound on your car
- The other driver forces you off the road, gets out of their vehicle and strikes you
Each of these examples can be considered sufficiently harmful to merit the other driver liable for battery. Because you were placed in reasonable apprehension of an immediate battery, each of these examples can be grounds for assault charges as well.
If you were injured in a road rage incident, you will need to obtain your medical bills and medical reports. These will be used to document the nature and extent of your injuries and will help support your claim for damages.
Because assault and battery are intentional acts, you might also be able to seek punitive damages in addition to your compensatory damages. Punitive damages are intended to punish parties for intentionally malicious acts that cause severe injuries.
Assault and battery are both civil and criminal matters, which means you will also need to press charges against the driver in the road rage incident. You should also track down anyone who witnessed the road rage incident. Their testimony will provide additional support for both your civil and criminal cases. It should also be noted that it is easier to establish liability in a civil case than a criminal case. This is because the burden of proof required for a civil suit is significantly less than the burden of proof required in criminal cases.
Have you suffered a serious injury in a road rage incident? We can help you seek compensation for your damages. Contact our Broken Arrow team of personal injury lawyers to get help with your case today.