Road range turns into a lawsuit when an aggressive driving crash occurs because of the reckless actions of an angry driver. Such a crash often leaves a victim with bodily injuries, physical pain and suffering, and property damage. You have a right to sue the angry driver and recover compensation for the resulting injuries and damages. You must, however, submit convincing evidence like photos, video footage, black box data, and police reports to establish liability and better your chances of winning the case.
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At Ankin Law, we help car accident victims recover compensation for their injuries and damages. Call us at (312) 600-0000 to learn about your legal options after getting injured in an aggressive driving crash in Chicago, Illinois.
How Illinois Law Treats Road Rage and Aggressive Driving in Civil Lawsuits
Under Illinois law, both road rage and aggressive driving can expose a driver to civil liability if their conduct causes an accident. Courts and insurers make an important distinction between the two:
- Road rage is intentional misconduct — hostile actions like tailgating out of anger, cutting off another driver, or even brandishing a weapon. Because these acts are deliberate, victims may be able to pursue punitive damages in addition to compensation for medical bills, lost wages, and pain and suffering.
- Aggressive driving is reckless or negligent behavior behind the wheel — such as speeding, weaving, or running red lights. While not always fueled by anger, these actions still amount to negligence, making the driver responsible for crash-related injuries.
Examples of aggressive driving behaviors include:
- Speeding
- Switching lanes recklessly
- Swerving and weaving through traffic
- Tailgating
- Running red lights and disregarding signs
The key legal difference is intent: Illinois civil courts treat road rage as intentional misconduct and aggressive driving as negligence. In both cases, however, the at-fault driver can be held financially responsible for the injuries and property damage they cause.
If you are injured by an enraged or aggressive driver, documenting the other driver’s behavior (police reports, witness statements, or video evidence) can strengthen your claim.
If you’re prone to anger, you can take measures to manage emotional flare-ups. Learning ways to prevent road rage can help you avoid becoming a safety risk to other people and potentially being held liable for the ensuing injuries and losses.
When Aggressive Driving Crosses the Line into Negligence or Intentional Harm
Driving aggressively because of rage doesn’t always result in a lawsuit. However, aggressive driving becomes negligent behavior, especially if it results in injuries or property damage. The following are some circumstances in which aggression turns into negligence or intentional harm:
Reckless Driving
Reckless driving refers to actions that show intentional disregard for other individuals’ safety. Every driver owes a duty of care to others. Therefore, you must take reasonable measures not to harm other individuals.
Still, Chicago continues to record high numbers of accidents due to reckless driving. The city administration estimates that reckless drivers cause up to 84% of all fatal accidents in the city. Excessive speeding, weaving hastily through traffic, and distracted driving constitute reckless driving. When these acts result in catastrophic collisions, the at-fault parties may face lawsuits.
Endangering Other People’s Lives
Aggressive driving may become an intentional act if one willfully engages in behaviors that put other people’s lives at risk. It’s common logic that overtaking recklessly and assaulting other drivers endangers their lives. If you indulge in these acts despite knowing the dangers, your aggression may become an intentional act of violence.
Additionally, actions that affect your concentration while driving are also negligent behaviors. Examples include operating a vehicle’s stereo system, making a call, and texting. Knowing distracted driving facts can save your life.
Driving While Intoxicated (DWI)
Alcohol and drug use can impair one’s decision-making capabilities. Intoxicated drivers are likely to indulge in negligent behavior. In such a case, someone’s aggressive driving becomes a civil violation. Over half of all fatal accidents that occur at night involve drug impairment. Learning night driving safety tips can help you avoid these accidents.
Evidence in a Road Rage Crash
When you file a road rage accident, you bear the burden of proof. You must prove that the other driver’s road rage or aggressive driving caused your injuries. To do that, you must present strong evidence to connect the driver’s aggressive acts to your injuries. Examples of evidence in an aggressive driving injury lawsuit include:
Photos and Video Footage
It’s not always easy to capture another driver’s road rage on camera. Still, you can document crucial information about the incident. Take photos of the negligent driver’s plate number, the accident scene, and the wreckage, and save them on your phone.
Video footage is compelling evidence in claims for road rage crashes. A dash cam may have captured the events leading to the crash. Surveillance cameras from nearby establishments can also offer valuable visual evidence. The footage may capture the driver engaging in aggressive driving, providing crucial facts that can help determine fault.
Electronic Data
You can also present specific electronic data as evidence in your injury claim. That includes data from the defendant’s vehicle’s black box. This information reveals the time and location of the accident. It can also help retrace the driver’s actions in the moments leading to the crash.
Police Report
Another crucial piece of evidence in a road rage accident case is the official police report. It’s compiled by the responding officer. The accident summary contains statements from the involved parties, any traffic citations, and the officer’s conclusion of what happened. If the other driver received a citation, that information can strengthen your claim.
Medical Records
It’s advisable to obtain medical assistance immediately after the accident. You may suffer internal injuries that may not be readily apparent. Getting prompt medical care ensures you’re promptly examined and treated. Notify your doctor that you’re treating an accident injury. The physician’s medical report can help establish a link between the accident and the injuries you sustained.
Working with a car accident lawyer in Illinois is an effective way of protecting your claim. Retrieving some of the above-mentioned evidence requires someone with legal knowledge. A lawyer can access to police reports, video surveillance footage, and Black Box data. The lawyer will carefully analyze the evidence to find facts that can support your claim.At Ankin Law, we can help you recover full compensation after an aggressive driving crash in Illinois. Contact us to discuss your case with our road rage accident lawyer in Illinois. You won’t pay anything unless we recover a settlement or compensation from the liable driver’s insurer.
