Can you file a personal injury lawsuit for a road rage incident?

On Behalf of | Jun 26, 2020 | Motor Vehicle Accidents

Motor vehicle accidents can cause serious injuries to you as a driver or a passenger, but what happens when this occurs because of another driver’s bad temper? Incidents of road rage are on the rise, according to CNN, with a 500 percent increase in reported cases over the last 10 years.

If you received injuries in a car wreck and suspect road rage as the cause, there are a few factors to consider if you plan to file a personal injury lawsuit.

Proof of negligence

As the plaintiff in a personal injury lawsuit, the burden of proof will likely be upon you. As such, the more evidence you can collect and present to an attorney, the better the odds of you winning a claim. You can use a variety of evidence, including:

  • Police reports
  • Eyewitness accounts
  • Photos or video of the incident
  • Your insurance company’s findings

Your witnesses may have to testify in court, as not all jurisdictions allow written accounts as admissible evidence.

Shared fault

When you file this type of lawsuit, you may want to remember that your actions during the road rage incident may factor into your lawsuit. For example, if a truck cut you off on the highway and you change lanes suddenly to speed ahead of that vehicle and he or she rear-ends you, the courts may see this as shared blame and you may not collect as much as you might if the accident was 100 percent the fault of the other driver.

Many Americans drive aggressively and some of these incidents end in tragedy. However, because road rage is a criminal act, you may have the opportunity to take your case to court.