A study by AAA found that up to 56% of fatal accidents involve aggressive behaviors such as tailgating or passing illegally. Further, these drivers often excuse their actions by claiming outside sources “caused” them to drive dangerously. They may say the driver they hit cut them off, taunted them, or otherwise antagonized them. Regardless of why a driver indulges their road rage, it’s never a valid reason to hurt others.
In this article we will cover what road rage is, Texas Law surrounding road rage, and your rights after a road rage accident.
Let’s get started.
What is Road Rage? (With Examples)
Road rage is when a driver experiences intense anger while driving. This can lead to extremely aggressive driving. A driver can engage in aggressive driving when they make rude or inappropriate gestures, throw objects at your vehicle, brandish a weapon, force you off the road, or sideswipe your car.
The Texas Department of Insurance lists several behaviors that fall into the category of aggressive driving, including:
- Cutting off drivers
- Brake-checking
- Speeding in traffic
- Tailgating
- Running red lights
- Passing on the shoulder
- Swerving in and out of lanes or changing lanes without signaling tailgating
But that isn’t where road rage ends.
Road rage can also flare up if you have both stopped after a car accident to exchange information and the other driver begins yelling at you or tries to start a fight.
For example, suppose you encounter a driver who believes you did not let them merge into traffic and proceeds to chase you down, threatening you and rear-ending your vehicle. You both stop by the side of the road to exchange information and wait for the police, as required under Texas law. The driver gets increasingly angry and finally pulls a gun from their glove box and threatens to shoot you.
While it’s generally legal to own firearms in Texas, it is not legal to threaten others with them without due cause, such as self-defense.
Your next step should be to take action to get yourself to safety and report the actions to the Dallas police.
Their dangerous actions can give you the right to press felony charges against the driver, in addition to pursuing a civil lawsuit for your damages. Road rage cases can be very complicated, requiring sound legal guidance from an experienced Dallas car accident lawyer.
Is Road Rage a Criminal Offense? (Dallas Law)
Now, you might be wondering if road rage is illegal? And, it may surprise you to find out that in Texas, road rage itself is not illegal.
However, acting upon road rage feelings through reckless driving may lead to criminal charges or civil lawsuits.
Texas law does have specific statutes that make it illegal to engage in reckless driving behaviors that endanger people or property.
Road rage itself is not illegal. However, reckless driving may lead to criminal charges or civil lawsuits.
Let’s break it down this way:
If the person who causes an accident is arrested for reckless driving, they can face heavy fines and even jail time.
Your Rights After a Road Rage Accident
You have the right to hire an attorney to represent you in insurance negotiations and build a case showing the other driver’s negligence. You also have the right to file a personal injury lawsuit against them.
Since Texas auto insurance follows a fault method, the at-fault driver must pay for injuries and damage they cause.
What Auto Insurance Must Cover
Texas drivers must carry at least $30,000 for injuries per person and $25,000 for vehicle damage. If your losses go over that, you have the right to take the driver to court.
Proving Road Rage in a Legal Case
It’s important to collect the facts that show what the person did to you. This can be challenging with road rage since you’re trying to establish their state of mind.
Putting together a strong case against a road rage driver takes know-how, local experience, and a deep background in managing these situations. Ultimately, the goal is to show the driver knowingly engaged in dangerous or negligent actions that caused you harm.
Showing a court that road rage happened requires substantial and high-quality evidence such as:
- Witness statements
- Dashcam or traffic footage
- Police reports
- Statements the other driver makes to you while driving or after you’ve stopped
- Medical records
- Photos or videos
- Auto damage reports
The goal is to show the driver chose to act dangerously, which led to your injuries. That can help you get the full compensation you deserve.
Injured in a Road Rage Accident? We can Help.
If someone’s anger caused you harm, you don’t have to handle it alone. At Wolf Law PLLC, we listen to your story, explain your rights, and fight for justice. Call us today for a free consultation and find out how we can help after a Dallas road rage crash.