The incidents of road rage on our nation’s highways and city streets seem to be skyrocketing as more and more drivers are distracted with their devices and the hustle and bustle of daily life. We all know that feeling when we feel we were very close to being in an accident due to another driver’s inattention to the task at hand. Maybe the driver was on his cell phone or was eating his lunch while driving, or was just not paying attention. Think about how you reacted. Would your behavior be considered road rage? Road rage can be something simple and quick like a hand gesture or an angry honk of the horn, but some road rage behaviors are much more serious and may even be considered criminal.
Regardless of what another driver does to you, it’s important that you not react in an angry manner. We’ve all seen those news reports of drivers following each other on busy streets and highways yelling profanities at each other. Some drivers even follow other cars to their destinations and then get out of their vehicles to confront the offending driver. This is only going to end badly. If you’ve been involved in a road rage incident that resulted in injury to yourself or a loved one or damage to your property, you will need to consult a personal injury attorney in your area with experience in these types of cases.
Road Rage
Most cases of road rage are fairly minor and don’t cause a car accident; these typically go unreported to law enforcement. However, in some cases the actions of a raging driver cause serious injury or death. If you’ve been injured in a road accident or if a road rager has damaged your vehicle, you’ll need a personal injury attorney. If criminal actions have occurred, your lawyer will advise you on how to proceed.
Just like for any other car accident claim, gathering of evidence must take place. In addition to the police report of the accident, there may be other drivers who witnessed the incident, and their statements will help establish the facts of the case. Your attorney will need all medical reports related to treatment you received at the time of the accident or post accident. Photo evidence of the scene will greatly assist your claim, so please take pictures at the time of the accident if you’re well enough to do so. Additionally, if the accident occurred on a road with traffic cameras, evidence of the other driver’s behavior may by the video evidence around the accident scene.
Economic and Non-economic Damages
In personal injury claims, there are two types of damages: economic and non-economic damages. Economic damages are easily calculable like medical bills, lost wages, or anything with a set dollar amount. Juries tend to understand economic damages easily as they are set dollar amounts applied to goods or services you require now that you’re injured. Non-economic damages are associated with the pain and suffering caused by the accident. The dollar amount of non-economic damages is not as clear as it is for economic damages. The court system in most states use a variety of pain and suffering calculators to determine what someone is owed following an accident. Ultimately, however, it is up to the jury if a settlement cannot be reached.
General vs. Special Damages
The term “general damages” refers to damages that are not specifically monetary, like damages for pain and suffering, loss of consortium, and emotional trauma. Loss of consortium is the pain and suffering felt by loved ones following a serious personal injury or death in their family. There is no receipt to put a price tag on pain and suffering, but non-economic damages are still losses for which the injured party deserves monetary compensation.
“Special damages” have an exact dollar amount. Medical bills, medical equipment, time missed for work, money spent on ride-sharing transportation, prescription drugs, and personal care assistant costs are all considered special damages because a specific price tag can be assessed to these expenses.
If you’ve been the victim of a road rage incident, please contact a personal injury attorney in your area today to schedule a no-cost consultation.
About Lynn Fugaro
