We’re often asked by clients, ‘what legal rights do I have if a person having road rage attacked me or my vehicle?’ Here’s what you need to know.
Thousands of people are victims of road rage every year and unfortunately for drivers in Texas, the state has the highest rate of road rage shootings out of any state in the United States. That’s why if you’re involved in a road rage incident, it’s important to know your legal rights, responsibilities and remedies.
Most people know that the term road rage refers to when a person is driving aggressively or recklessly and causes or attempts to cause harm to other drivers. However, in the state of Texas there is no specific charge for road rage. Instead, drivers may be charged with either reckless or aggressive driving.
What this means for victims, is depending on the type of crime that was actually committed while behind the wheel as well as the level of injury, the guilty party can be charged up to the limit of that individual crime, such as vehicular assault, homicide, etc.
One last thing to remember about road rage in Texas is that a person cannot be charged with aggressive or reckless driving if it is a simple case of negligence. It must be proven that the person willfully and intentionally behaved in a way that a safe driver would find dangerous.
As a passenger you should always attempt to de-escalate the situation and minimize the risk to yourself and other drivers in a situation where someone is driving erratically or intends to cause harm to others. If you are unsure of the full nature of the accident, then it may be a good idea to contact an attorney after your accident to understand your rights and what you should do after the incident.
While a passenger is not typically held liable in a road rage accident, they can still be injured and suffer damages. Even if you are in the car with the person committing the road rage, you may still have a case and it’s important to act quickly so that you can get the compensation you deserve for your injuries.
After an accident it can feel like a struggle to know what to do. Besides facing criminal charges for their actions, a driver involved in a road rage incident is also liable for the financial and other damages they cause. This is why the first thing to do after your accident is to contact a personal injury attorney and get help with your case.
It can be difficult to know how to file your claim and collect on the damages you are rightfully owed. Not only is there a time limit to file your claim, but you have to make sure that your case is strong enough to win the damages you deserve. You’ll also be dealing with the at-fault driver’s insurance company and their legal representation, which is why you need a lawyer on your side.
When looking for a personal injury lawyer to work for you, there are a few things you may want to look for.
First, you want to make sure the lawyer you hire has experience with road rage accident cases. There are many types of personal injury cases, but not every injury attorney has experience dealing with these types of accidents and that can make preparing and winning your case that much more difficult.
Second, you want to make sure the attorney you hire is willing to answer your questions and help you through the process while your case is ongoing. Knowing the steps to take and making sure that you don’t miss important deadlines can be frustrating, but is crucial to making sure your case is successful and you need an attorney who is there to help.
Lastly, you want a personal injury attorney who is willing to fight. Some attorneys are only looking to quickly settle cases. A good personal injury attorney will know what your case is worth and should be willing to fight to get you the compensation you deserve. This includes being willing to take your case all the way to trial to get a verdict for your compensation. This can be a time consuming and difficult process, but an experienced attorney will be willing to do what it takes to see your case through to the proper resolution.
Don’t go it alone, get the representation you need to get the compensation you deserve after your road rage accident. Here at Justinian & Associates we have helped many clients navigate the aftermath of a road rage incident and we don’t get paid unless you win your case!