Aggressive Driving Accidents
While most motor vehicle collisions are the result of simple negligence, some are the result of road rage or drivers whose aggressive behavior increases the risk of harm to everyone on the road. In some instances, a driver becomes more aggressive because of drug or alcohol abuse. If you have been hurt in a car accident in Los Angeles or the surrounding cities, the experienced attorneys at Sharifi Firm may be able to help you pursue damages.Establishing Liability for Aggressive Driving Accidents
Aggressive driving can include improper passing (such as passing on the shoulder), improper lane changes, speeding, and failing to make sure that an action can be taken safely. Often, aggressive drivers also make obscene gestures, use strong language, flash their high beams for no reason, follow too closely, or fail to abide by traffic laws. In some cases, they can perpetrate intentional acts, such as rear-ending a car that the aggressive driver believes is going too slowly. A driver who is reckless on the road and disregards the probability that aggressive driving will cause an accident may be subject to criminal charges.
Criminal charges do not necessarily result in compensation for injuries to an accident victim, however. Even if criminal charges are brought against the aggressive driver, you can bring your own civil lawsuit for damages. Most aggressive driving accidents are the fault of the aggressor. In many instances, they have violated one or more traffic laws leading up to the accident.
If the violation of a statute or ordinance is the cause of your crash, you may be able to apply the doctrine of negligence per se. Under this doctrine, you simply need to show that there was a legal violation of a safety statute or ordinance, the violation was the proximate cause of your injuries, and you are a member of the class of people that was intended to be protected by the safety statute or ordinance. If negligence per se is established, the next step will be proving your damages.
In many car accident cases, a victim can potentially recover both general and special damages to compensate for his or her losses. These damages often include pain and suffering, medical bills, lost income, lost earning capacity, out-of-pocket expenses, and mental anguish. Usually, punitive damages are difficult to recover in car accident cases. However, if you can prove that an aggressive driver intentionally hit your car and caused your injuries, you may be able to request them. Under California Civil Code section 3294, you may be able to recover punitive damages in a tort case if you can prove by clear and convincing evidence that a defendant acted with oppression, fraud, or malice.Explore Your Options with a Los Angeles Attorney after a Motor Vehicle Collision
If you have been struck by an aggressive driver in the Los Angeles area, you can consult the motor vehicle collision lawyers at Sharifi Firm for guidance in pursuing compensation from the at-fault driver. Our firm also represents accident victims in San Bernardino, Riverside, Temecula, and Rancho Cucamonga, among other Southern California cities. Contact us at 1-866-422-7222 or via our online form for a free, no-obligation consultation.