Injured by an Aggressive Driver? How to Pursue a Personal Injury Claim After a Road Rage Accident

Being injured in a car accident caused by an aggressive driver is a traumatic and overwhelming experience. Aggressive driving, which can include tailgating, speeding, erratic lane changes, and even road rage, often leads to serious collisions. If you’ve found yourself injured due to such reckless behavior, understanding your legal rights and how to pursue a personal injury claim is crucial.

In this blog, we will explore the steps you can take after an accident with an aggressive driver, including how a car accident lawyer can help you secure compensation for your injuries.

What is Aggressive Driving?

Aggressive driving involves deliberate and dangerous driving behaviors that put others at risk. It can include excessive speeding, following too closely (tailgating), cutting off other drivers, running red lights, and road rage. These behaviors dramatically increase the likelihood of an accident. According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving contributes to a significant percentage of traffic accidents each year.

Aggressive drivers often exhibit hostility or anger on the road, which can escalate quickly and lead to dangerous situations. When aggressive driving leads to a car accident in Florida, victims often suffer serious injuries due to the high speeds and dangerous maneuvers involved.

Common Injuries in Aggressive Driving Accidents

Car accidents caused by aggressive drivers can result in a wide range of injuries, some of which may be life-altering. Some of the most common injuries seen in these types of accidents include:

• Whiplash: This neck injury is caused by the sudden jerking motion of the head and neck during a collision.

• Broken Bones: Fractures are common, particularly in high-speed collisions or when the victim’s car is struck at an angle.

• Traumatic Brain Injuries (TBI): Aggressive driving accidents can lead to serious head trauma, resulting in long-term cognitive and physical impairments.

• Spinal Cord Injuries: Damage to the spine can result in paralysis or chronic pain.

• Internal Injuries: High-impact crashes often lead to internal bleeding or damage to internal organs, which can be life-threatening if not treated promptly.

If you’ve been injured in an accident with an aggressive driver in Florida, seeking immediate medical attention should be your first priority, even if your injuries seem minor at first.

How to File a Car Accident Claim Against an Aggressive Driver in Florida

If you’ve been injured by an aggressive driver, filing a car accident claim is essential to recovering compensation for your medical bills, lost wages, and pain and suffering. Here’s a step-by-step guide to ensure your claim is as strong as possible:

1. Collect Evidence at the Scene

Immediately after the accident, gather as much evidence as you can. Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. If there were witnesses to the accident, collect their contact information, as their statements may support your case.

2. Call Law Enforcement

It’s important to have a police report documenting the accident. Law enforcement officers can assess the scene, determine fault, and include details of any aggressive driving behaviors witnessed.

3. Seek Medical Attention

Even if you feel fine initially, some injuries may not be immediately apparent. A medical evaluation shortly after the accident can not only protect your health but also serve as critical evidence in your claim.

4. Consult a Car Accident Lawyer

A car accident lawyer will be invaluable in helping you build a strong case. They can collect evidence, negotiate with insurance companies, and represent you in court if necessary. Having an attorney by your side increases the chances of maximizing your compensation.

5. File Your Claim Promptly

Florida law has a statute of limitations for filing personal injury claims. Filing your car accident claim as soon as possible ensures that you meet deadlines and gives your lawyer more time to build a strong case.

Statute of Limitations for Filing a Personal Injury Claim in Florida

In Florida, those injured in a car accident typically have two years from the date of the accident to file a personal injury claim. Missing this deadline may result in losing your right to pursue compensation, so it’s essential to act promptly.

Compensation You May Be Entitled To

When filing a car accident claim, it’s important to understand the types of compensation you may be entitled to. Compensation can cover a range of losses, including:

• Medical Expenses: This includes hospital bills, surgeries, rehabilitation, and any ongoing medical care related to your injuries.

• Lost Wages: If your injuries have caused you to miss work or will prevent you from working in the future, you may be compensated for lost income.

• Pain and Suffering: Emotional distress and physical pain are valid forms of compensation.

• Property Damage: If your vehicle or other personal property was damaged in the accident, you may be entitled to compensation for repairs or replacement.

A knowledgeable car accident lawyer will calculate the full extent of your damages to ensure you receive fair compensation for your losses.

Proving Fault in an Aggressive Driving Accident

Proving fault is a critical element of any car accident claim. In accidents involving aggressive driving, evidence such as the police report, witness statements, traffic camera footage, and expert testimony can all be used to establish the driver’s reckless behavior. Your car accident lawyer will work diligently to gather this evidence and demonstrate the other driver’s liability.

Florida operates under a comparative negligence system, which means that even if you were partially at fault for the accident, you may still be able to recover compensation. However, your compensation may be reduced based on your percentage of fault. An experienced lawyer will fight to minimize any fault attributed to you.

Why You Need a Car Accident Lawyer After an Aggressive Driving Accident

Navigating the legal system and dealing with insurance companies after an accident can be overwhelming, especially while recovering from injuries. An experienced car accident lawyer in Florida can help you:

• Handle communication with insurance adjusters, who often try to minimize payouts.
• Collect and organize evidence to build a strong case.
• Negotiate a fair settlement on your behalf.
• Take your case to trial if a fair settlement cannot be reached.

Hiring a lawyer who specializes in personal injury and car accident claims ensures that your rights are protected, and you get the best possible outcome for your case.

Contact the Personal Injury Lawyers at Feingold & Posner, P.A. for Help With Your Aggressive Driver Car Accident Claim in Florida

If you’ve been injured in a car accident caused by an aggressive driver in Florida, the team at Feingold & Posner, P.A. is here to help. Our dedicated car accident lawyers have the experience and knowledge necessary to handle your personal injury claim and ensure that you receive the compensation you deserve.

Call us today at (954) 807-4665 for a free consultation, or fill out our online contact form to speak directly with one of our attorneys. Let us fight for your rights while you focus on your recovery.