Aggressive Driving Accidents
Aggressive drivers engage in willful conduct behind the wheel that disregards safety. The National Highway Traffic Safety Administration makes clear that aggressive driving takes place when drivers violate multiple moving traffic regulations and put others in danger. Such reckless and impatient behavior can be demonstrated when motorists tailgate, speed, or change lanes in an unsafe manner. Unfortunately, aggressive driving remains a major cause of collisions throughout Chicago and surrounding areas. Drivers who pose needless risk to others’ safety can be held accountable for resulting damage to victims. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our experienced Chicago car accident attorneys represent victims of aggressive driving collisions. We have a successful record of helping injured people recover for the physical, emotional, and financial damages they have suffered in an accident caused by an aggressive driver.Take Legal Action to Hold Aggressive Drivers Accountable
After a crash, to assert a right to compensation from an aggressive motorist, the victim plaintiff must show that the defendant driver was negligent. This means that the driver owed them a duty of care, breached this duty, and directly caused the crash and quantifiable damages. All motorists operating a vehicle have a duty to use reasonable care on the road. This includes not acting in a manner that causes foreseeable harm to those sharing the road, including pedestrians, bicyclists, and other motorists.
An aggressive driver may breach of the duty of care by violating a traffic law, speeding, or constantly changing lanes. Many drivers experience stress on the roadways, particularly during traffic. Aggressive driving is deliberate behavior that increases the risk of collision and stems from annoyance or an attempt to save time. It is important to note the difference between aggressive driving and “road rage.” As a more intense form of aggressive driving, road rage is considered to be an intentional, criminal act of harm.
A crash victim who presents evidence of aggressive conduct by a motorist will most likely meet their burden of demonstrating that a breach of due care took place. If the accident would not have occurred “but for” the defendant’s reckless or aggressive driving, the victim has met the element of causation.
After demonstrating the liability of an aggressive driver, injured individuals may recover financial compensation for all accident-related costs. Medical expenses are a key part of this compensation, and include hospitalization bills, medication costs, physical therapy, and ongoing treatment if necessary. To obtain full medical coverage, it may be necessary to use an expert medical opinion, particularly if the accident caused serious, disabling injuries.
The emotional impact of an accident may be harder to quantify, but equally significant. Injured individuals may suffer trauma and emotional distress following a vehicle crash. When an accident victim can no longer enjoy those activities they took pleasure in before the accident, they have a claim for a decreased quality of life. As a non-economic form of harm, these are damages that may nevertheless be recovered in a personal injury claim.
Other costs that may be recovered in a personal injury clam include missed wages from work due to the accident. When a victim suffers injuries that prevent them from returning to their former profession, they can receive expected future income losses. This is based on the fact that the victim has a “lost earning capacity,” meaning that their ability to make a living has been affected by the accident, and their injuries. A vocational expert, combined with a comprehensive medical assessment of injuries may strengthen a claim for estimated future income.
Punitive damages may be available to victims of aggressive driving collisions. These types of damages serve to punish the victim for their egregious conduct. When the jury in a personal injury lawsuit finds that the driver’s aggressive conduct was particularly offensive, punitive damages would be awarded in addition to compensatory damages.
In the event that an aggressive driver has caused a tragic fatality, then the relatives or the representative of the deceased individual may pursue a wrongful death case. This allows for the proceeds of a successful claim on behalf of the deceased to be distributed among his or her close relatives or representative. Compensation in a wrongful death claim may include funeral expenses, medical costs and the survivors’ loss of companionship and comfort.Talk to a Chicago Car Accident Lawyer About Your Case
Aggressive drivers should be held accountable for their careless, harmful conduct. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our skilled Chicago motor vehicle collision attorneys investigate, negotiate, and litigate on behalf of accident victims throughout the state. By focusing on medical evidence and the true impact of a crash, we maximize compensation for our clients and their families. We strive to provide personal attention to our clients, and have successfully helped injured people in surrounding communities of Illinois, including in Aurora, Champaign, Quincy, Champaign, Rockford, and other areas of Cook, Sangamon, Winnebago, and Adams Counties. Contact our office to schedule a free consultation and learn how we can help you assert your legal rights by calling (800) 444-1525.