Aggressive driving, sometimes referred to as road rage, is a growing problem on Florida roads. As drivers increasingly take out their frustration through unsafe maneuvers, accidents caused by this behavior are also increasing. Victims of these collisions in the Miami region can consult car accident attorney for guidance. If you’ve been injured as a result of another person’s aggressive driving, the Law Offices of Robert Dixon can help you with your efforts to hold that unsafe driver accountable for his or her actions. We proudly assist clients in Broward, Palm Beach and Miami-Dade Counties, as well as other Florida areas.
Aggressive Driving Violates Florida Law
Florida Statute 316.1923 defines aggressive driving as participating in at least two of the following actions, either at the same time or in succession:
• Driving 15 mph over the speed limit
• Improper or unsafe lane changes
• Following another vehicle too closely
• Failure to yield the right of way
• Improper passing
• Failing to obey signal or traffic control devices.
Aggressive driving is also referred to as driving while influenced by impaired emotions, which can lead to unsafe decisions. The statute defining aggressive driving is not a charging statute, meaning that drivers cannot be cited for aggressive actions, but an officer can mark this distinction on a ticket for statistical purposes. Although motorists often want to confront aggressive drivers, the National Highway Traffic Safety Administration encourages others to ignore their behavior and instead report aggressive actions to avoid escalating the situation.
Even though some individuals use aggressive driving and road rage interchangeably, there is a legal distinction in Florida. Road rage is usually an escalation of an aggressive driving incident. Road rage is a felony, defined as a criminal assault of another using an automobile.
Pursue Compensation With a Negligence Lawsuit
If you’ve been injured by an aggressive driver’s reckless actions, you may file a personal injury lawsuit to hold him or her responsible. This type of claim usually proceeds under a theory of negligence. To show a driver was negligent, an injured party must prove the following elements:
• The driver had a duty of care to act as a reasonably prudent motorist would act;
• The driver breached this obligation with some careless action;
• That breach caused the victim’s injuries; and
• The injuries resulted in damages for which the victim can be compensated.
An overly emotional, aggressive driver might be found to have breached his or her duty to act reasonably under the circumstances. If this driver tailgates another driver and causes an accident that results in significant injuries, that driver could be held liable for any damages that ensue.
People who have been hurt as a result of aggressive driving can seek compensation for past and future medical bills, damage to their property, lost wages, and lost earning capacity, as well as subjective harm like pain and suffering. If the actions of an aggressive driver lead to a fatality, the victim’s family members can recover damages for medical and burial expenses by filing a wrongful death lawsuit. Legal action is time-sensitive in these cases, so it is important to consult with a knowledgeable lawyer who can make sure your rights are preserved.
