In Brooklyn’s busy streets, when traffic frustrations cause tempers to flare up, things can escalate and become both emotionally and legally complicated. Almost every driver in New York has experienced road rage at least once in their lives. When road rage leads to or contributes to an accident, the question then becomes, can I sue and claim damages for road rage? The answer is that it largely depends on the circumstances of your case. In this blog, let’s take a look at what makes road rage claims difficult to settle and what you and your Brooklyn car accident lawyer can do to overcome them.
What is Considered “Road Rage” in New York?
“Road rage” is a blanket term that is used to describe aggressive or violent behavior that can be connected to a driver’s uncontrolled anger, caused by the actions of another motorist. Road rage can take many forms, including:
- The intentional ramming of another vehicle
- Physically confronting the other driver or passengers outside the vehicle
- Making threatening gestures and using obscene language
- Dangerously cutting off other drivers
- Forcing a driver off the road
- Excessive honking or flashing lights
What Makes Settling Road Rage Cases Difficult?
- Exclusion of intentional acts—Your insurance coverage could consider a road rage episode as an “intentional act.” Most insurance policies expressly exclude coverage for damages that are the result of intentional actions.
- Proving intent – It can be difficult to show that the driver intended to cause harm. Intention is a higher legal threshold, and proving it will require very strong evidence.
- Gathering evidence – While everyone understands the importance of gathering compelling evidence, it is easier said than done. For example, evidence like CCTV footage must be obtained before they are deleted.
- Criminal charges—Road rage incidents can also result in criminal charges. The filing of criminal charges may require the civil case to pause until the matter is settled. The decision in the criminal case will have a significant impact on your civil case.
- Comparative negligence – If the victim also retaliated in some way, they can be partially blamed for the accident. When that happens, New York’s pure comparative negligence law says that their compensation should be reduced to reflect the extent of their fault.
How Will You Be Compensated in Road Rage Accident Claims?
As the victim of a road rage accident, you can claim compensation for medical expenses, lost wages, and other connected expenses through your Personal Injury Protection (PIP) coverage. However, the ability to claim under their PIP coverage may not be extended to the at-fault driver if the accident is considered an intentional act.
Furthermore, as the victim, if you have suffered a “serious injury” or suffered basic economic damages that exceed $50,000, you can file a personal injury lawsuit against the driver at-fault. You can claim compensation for economic damages and non-economic damages such as pain and suffering and emotional distress. Keep in mind that your personal injury lawsuit must be filed within three (03) years of the date of the accident.
However, if you are considered partially responsible for the accident, any compensation you receive will be reduced under New York’s pure comparative negligence rule. But the benefit of the pure comparative negligence rule is that you are still allowed to claim compensation, even if you bear the major fault in the accident.
Conclusion
Disputed facts, questions of intent, and aggressive insurance tactics make road rage cases some of the hardest to settle. Overcoming the challenges requires strong evidence and a solid legal strategy. If you’re looking for someone who can help build a strong and compelling case, then look no further than Alex Yadgarov & Associates. Over the years, we have represented many New Yorkers in road rage accidents as their Queens car accident lawyer. We will fight for your rights and make sure you walk away with the compensation you deserve, no matter how challenging the case may be. If you are ready to take the first steps to securing compensation, contact us today and schedule your free consultation.
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