Having to deal with road rage is a dangerous and daily reality in the busy streets of New York. While criminal charges can punish the offending driver, they will do nothing to alleviate your physical, emotional, and financial hardships following the accident. That is why it’s extremely important that you speak with an auto accident attorney in Queens to understand your rights and liabilities and help you pursue justice and compensation. That being the case, we want to use this post to let you know everything that needs to be known about road rage accidents in New York.
What is road rage?
“Road rage” is a term that is used to reference the intentional or reckless driving behavior that endangers others. Compared to careless or distracted driving, road rage involves some level of hostility by the offending driver to others.
In the New York Vehicle and Traffic Law, road rage falls under ‘reckless driving’ as defined in Section 1212. According to the aforementioned section, any person violating the provision shall be guilty of a misdemeanor.
Some of the most common examples of road rage are:
- Tailgating or brake-checking
- Cutting off drivers or swerving towards them
- Yelling, excessive honking, and making obscene gestures
- Blocking lanes or refusing to let other vehicles merge
- Exiting the vehicle to confront someone
What is the difference between civil and criminal road rage cases?
Road rage incidents can lead to both civil and criminal penalties for the offending driver. The criminal charges, meant to punish the driver can include fines, license suspensions, and possible jail time. However, it is the civil case, should the matter be brought to court, that determines how much an injured person may receive in compensation.
Can you claim compensation in road rage accidents?
Yes, it is most certainly possible for injured victims to claim compensation for the damages they have suffered. The damages that can be claimed include both economic and non-economic damages.
Economic damages such as medical expenses, lost wages, and other related expenses are a representation of the tangible losses suffered by the person. Non-economic damages account for intangible losses such as pain and suffering and emotional distress. Since these damages do not have a set value, they are determined on a case-by-case basis.
Insurance is the main source of compensation for car accident cases. Since New York is a no-fault state, a person can cover economic losses through their Personal Injury Protection (PIP) coverage. Liability insurance and Uninsured Motorist (UM) coverage can apply depending on the circumstances. Keep in mind that insurance does not cover non-economic losses.
If a person wishes to cover non-economic losses, then they must present a personal injury lawsuit against the at-fault driver. To do so, they must show that the economic damages they have suffered exceed $50,000 or that they have sustained a “serious injury” as defined under New York law.
Will punitive damages apply?
Punitive damages are the types of damages awarded by the court when it considers a person’s wrongful conduct to be intentional or extremely reckless. These are awarded at the discretion of the court as a way to punish the offender and serve as a warning to others. The court can consider punitive damages when you have presented a lawsuit before the court.
What steps can you take to prove liability in a road rage accident?
To successfully plead your case and recover compensation, there are several steps that you need to take after the incident. They are as follows:
- If an accident has occurred, call 911 and inform the authorities.
- If injured, receive immediate medical treatment and obtain medical records.
- Obtain evidence that can support your case (video recordings of any verbal threats or aggressive gestures, police reports, CCTV footage, or dashcam footage).
- Contact a Queens car accident lawyer to understand your rights and liabilities.
- Inform your insurance provider about the accident.
Conclusion
Road rage accidents can leave victims physically hurt, traumatized, and unsure what to do next. While obtaining compensation is possible, overcoming the insurance and legal obstacles will require the help of a skilled and talented New York City auto accident attorney. If you’re on the lookout for such an attorney, then Gabriel Law is the law firm for you. As a personal injury law firm in NYC, we deal with all manner of car accident cases on a daily basis. We are more than happy to lend you our skills and expertise to help you secure the compensation you deserve. Contact us today to arrange a free and confidential consultation.
Keep an eye for more latest news & updates on Chicago Heading!
