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What Is The Difference Between Aggressive Driving And Road Rage? | The Mark Casto Law Firm

Posted by Mark Casto | Feb 03, 2022 | 0 Comments

An Angry Driver

What Is The Difference Between Aggressive Driving And Road Rage?

While there is a difference between aggressive driving and road rage in the eyes of the law, they can both have devastating outcomes and potentially lead to serious accidents, injuries, and fatalities. 

If you experienced a road rage incident or an accident with an aggressive driver and suffered injuries and other losses, the experienced lawyers at The Mark Castro Law Firm could assist you with recovering both economic and non-economic damages. Call us now for a free, no-obligation review of your case at 706-940-4030.

What Is Aggressive Driving?

According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving is operating a vehicle or car in such a way that it somehow endangers other persons or property.  Aggressive driving generally counts as a traffic violation. Road rage, depending on the severity of a driver's actions, can be a criminal offense. 

Aggressive driving can encompass a whole range of actions and behaviors, including but not limited to: 

  • Speeding
  • Following too closely
  • Abrupt and unsafe lane changes
  • Driving illegally on the shoulder
  • Driving on the sidewalk 
  • Failure to yield 
  • Failure to signal
  • Ignoring traffic signs and signals
  • Illegal passing 
  • Racing other cars

According to the Insurance Information Institute (III), aggressive driving accounted for 56 percent of fatal crashes during the years 2003 and 2007.

What Is Road Rage?

The difference between aggressive driving and road rage is not always clear-cut, and the two can go hand in hand. According to the America Automobile Association (AAA), aggressive driving can, in some cases, result in road rage. Examples of road rage can include:

  • Making rude gestures
  • Ramming or sideswiping another car deliberately
  • Forcing another driver off the road
  • Getting out of the car and assaulting another 
  • Pointing a weapon at another driver
  • Blocking other vehicles 
  • Cutting off other drivers

What Sets Road Rage Apart from Aggressive Driving?

While aggressive driving typically involves careless or reckless driving behavior, road rage with a violent intent is a criminal offense. Road rage, in severe cases, can involve causing harm or even death to another person.  A road rage perpetrator may point a weapon at another or even follow and confront them. The statistics are nothing short of shocking. According to the AAA, during a period of seven years, road rage resulted in 218 murders and more than 12,500 injuries.

If you or a loved one suffered injuries due to road rage or aggressive driving incident, you should consider seeking legal advice and counsel as soon as possible as you could be entitled to compensation. Contact our compassionate legal team at The Mark Casto Law Firm now to help you determine whether you could hold another driver to account for your injuries and expenses. 

You Could Have Legal Recourse Against a Violent or Reckless Driver

If you suffered injuries or a loved one passed away due to the actions of a violent or reckless driver, you could seek damages such as medical bills, loss of wages due to an inability to return to work, pain and suffering, and property damage. If another driver hurts you with a weapon, their car, or their body, they may have committed a criminal offense and can be prosecuted by the state. However, you could also potentially sue them for damages in civil court. Likewise, if an aggressive driver caused your accident, you could also have legal recourse and file a personal injury lawsuit.

Proving Negligence or Willful Conduct

In a personal injury lawsuit, you will have to prove the other driver's negligence or willful conduct by producing relevant evidence such as:

  • Pictures of the accident or road rage incident
  • Eyewitness statements
  • Police accident reports
  • Dash-camera or traffic camera recordings
  • Evidence of your damages such as medical reports 

An experienced personal injury lawyer can help you gather the relevant evidence for building and proving your case against an aggressive or violent driver by conducting an independent investigation, contacting witnesses, and visiting with expert witnesses. 

Compensation in Aggressive Driving and Road Rage Cases

When it comes to recovering damages, every aggressive driving and road rage case has a different set of facts and circumstances. In both, a victim could potentially pursue a range of damages, depending on the injuries and the circumstances of the accident or assault. Compensation can include economic and non-economic damages.

Economic Damages

  • All past, present, and future medical expenses
  • Lost income, future lost income, and future lost earning capacity
  • Damage to your car 
  • Out-of-pocket costs 

Non-Economic Damages

  • Physical pain and suffering 
  • Mental distress and trauma
  • Permanent disability
  • Scarring and disfigurement
  • Reduced life quality
  • Loss of a limb or a sense

The actual types of compensation you could recover in your particular case can vary. If you would like to find out what you could recover in your accident or road rage incident case, the experienced car accident lawyers at The Mark Casto Law Firm can help you understand your legal options and rights.

How The Mark Casto Law Firm Can Help

Having an experienced and dedicated personal injury lawyer by your side can offer you peace of mind and the knowledge that your best interests and legal rights are comprehensively protected. 

Legal Advice and Advocacy

An experienced personal injury lawyer knows the legal context of your case and can advise you on all of your legal options and help you make the best decision in your unique circumstance. Initiating a lawsuit can feel overwhelming and stressful. However, an attorney can deal with all the legal aspects of your case and work on your behalf while you focus on your recovery.

Build Your Case

We can help gather and organize the necessary evidence proving negligence or willful conduct of the at-fault party. Our legal team can conduct an independent investigation, interview witnesses that saw the accident or incident occur, and even hire expert witnesses if needed to ensure your legal rights remain protected. 

Negotiate With Insurance Companies

A personal injury lawyer can communicate and negotiate with the relevant insurance companies to protect your legal rights and best interests. Insurance companies can try to manipulate and push victims into a lowball settlement offer. However, our legal team will help ensure that you do not settle for an unfair or unjust offer from an insurance company. If an insurer is not willing to settle out of court, we can take your case all the way to trial and represent you aggressively. 

Call Our Legal Team To Learn More Today 

While victims of road rage and aggressive driving can potentially represent themselves in personal injury lawsuits, the legal process can be complex, overwhelming, and legally challenging. If a violent or aggressive driver caused you pain, anguish, and financial losses, we can help to hold them responsible. Our law firm works on a “no-win-no-fee” basis, so there is no financial risk for you and no upfront attorney's fees to pay.

The Mark Casto Law Firm can fight for your right to justice and fair compensation. Call us today for a free case Strategy Session at 706-940-4030.

About the Author

Mark Casto

Personal Injury Lawyer in Columbus, GA Mark is a trial attorney and founder of The Mark Casto Law Firm, PC. where he represents individuals or families who have suffered an injury or the loss of a loved one. He has civil litigation experience in the areas of motor carrier/transportation liabilit...

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