Road Rage Accidents

Sometimes, people get really angry on the roadway. Unfortunately, road rage incidents can lead to significant injuries and extensive property damage, often leaving victims struggling to recover compensation. As we discuss what causes road rage beyond the typical roadway aggravations, we also want to examine issues with liability after a road rage incident, as well as whether or not you need to talk to an attorney after these incidents occur.

Common Causes of Road Rage Accidents

Road rage often stems from a combination of stress, frustration, and aggressive driving behaviors. In Tennessee, as in other states, these emotions can quickly escalate, turning a routine drive into a dangerous encounter. Some common causes of road rage include:

• Traffic congestion. Bumper-to-bumper traffic can test anyone’s patience. Long delays, frequent stops, and slow-moving traffic can frustrate drivers, leading to aggressive behavior such as tailgating, weaving through lanes, and honking excessively.
• Running late. Drivers who are running late for work, appointments, or other commitments are more likely to exhibit aggressive behaviors. Speeding, cutting off other vehicles, and disregarding traffic signals are common actions of drivers in a hurry.
• Perceived slights. A driver may perceive another driver’s actions as a personal affront, such as being cut off, not being allowed to merge, or being honked at. These perceived slights can trigger an emotional reaction, leading to aggressive retaliation.
• Impatience. Some drivers lack the patience to deal with slower drivers or those they deem as incompetent. This impatience can manifest as tailgating, flashing headlights, or making rude gestures, all of which can escalate into road rage.
• Stress and anxiety. Life’s stresses, whether related to work, family, or personal issues, can affect a driver’s mood and reactions on the road. When already under stress, a minor incident can quickly push a driver to engage in aggressive driving.
• Aggressive personality traits. Some individuals naturally have a more aggressive personality. When behind the wheel, these traits can lead to dangerous driving behaviors, including excessive speeding, tailgating, and even chasing other vehicles.

How Can a Car Accident Lawyer Help?

If you have been involved in a road rage accident, a car accident lawyer in Tennessee can be pivotal in helping you navigate this process and secure the monetary compensation you deserve. Your lawyer can help with:

• Investigating the incident. A lawyer will get to work investigating the road rage incident. This may include gathering evidence such as witness statements, traffic camera footage, and police reports to establish what happened and who is at fault.
• Determining liability. Road rage accidents often involve aggressive or intentional acts by the other driver. A skilled attorney will analyze the evidence to determine who was responsible for the accident.
• Negotiating with insurance companies. Insurance claims adjusters regularly attempt to downplay the severity of a road rage accident or shift blame to the victim. Your car accident attorney can negotiate with the insurance company on your behalf to ensure you receive fair compensation for your injuries and damages.
• Pursuing legal action. If the insurance company refuses to provide a fair offer, your lawyer can file a lawsuit in civil court and take the case towards trial. They will represent you throughout the legal process.
• Advising on criminal proceedings. If the other driver faces criminal charges related to the road rage incident, your lawyer can advise you on how these charges may impact your personal injury claim and how to navigate the legal complexities that arise.

What Type of Injuries Can Occur?

Road rage accidents in Tennessee can cause a wide range of trauma, some of which can be life-altering, like any vehicle collision. The severity of these injuries often depends on the nature of the road rage incident and the types of vehicles involved. Common injuries include:

• Whiplash and neck injuries. Sudden stops or rear-end collisions, common in road rage incidents, can cause whiplash. This injury results from the rapid back-and-forth movement of the neck and upper back, leading to pain, stiffness, and long-term complications.
• Traumatic brain injuries (TBI). A blow to the head during a collision can result in a traumatic brain injury. TBIs can range in severity, from mild concussions to severe brain damage, leading to cognitive impairments, memory loss, and emotional changes.
• Spinal cord injuries. Road rage accidents can cause trauma to the spinal column, potentially leading to partial or complete paralysis. These injuries often require extensive medical treatment, rehabilitation, and long-term care.
• Broken bones and fractures. Commonly affected areas include the hands, arms, legs, ribs, and pelvis. 
• Internal injuries. The force of a road rage collision can cause internal injuries, including damage to organs such as the liver, spleen, and kidneys. 
• Emotional and psychological trauma. Road rage incidents can also leave victims with lasting emotional and psychological trauma. Victims may experience anxiety, depression, post-traumatic stress disorder (PTSD), and a fear of driving after the incident.

Determining Liability After a Road Rage Accident in Tennessee

Determining liability in a road rage accident can be complex, as these incidents often involve intentional acts of aggression. In Tennessee, liability is typically established based on the concept of negligence. However, in road rage cases, the other driver’s actions may go beyond negligence and constitute intentional misconduct.

• Negligence vs. intentional misconduct. In most car accident cases, negligence occurs when a vehicle operator fails to exercise reasonable care, leading to an accident. However, in road rage incidents, the at-fault driver may have intentionally engaged in aggressive behavior, such as tailgating, cutting off other vehicles, or forcing another driver off the road. These actions can elevate the case to one involving intentional misconduct, which can have significant implications for liability and damages.
• Contributory negligence in Tennessee. Tennessee follows a modified comparative negligence system, which means that if a victim is found to be partially at fault for the accident, their compensation may be reduced. However, in road rage cases, if the other driver’s actions were intentional, they may be held fully responsible, regardless of any minor contribution by the victim.
• Gathering evidence. To establish liability, it is crucial to gather as much evidence as possible. This may include witness testimony, video footage, and police reports. 
• Potential for punitive damages. In Tennessee, victims of road rage accidents may be eligible for punitive (exemplary) damages in addition to compensatory damages.

What if the Other Driver Faces Criminal Charges?

In Tennessee, road rage incidents can lead to criminal charges against the at-fault driver. These charges can range from reckless driving to assault or even vehicular homicide, depending on the severity of the collision and the injuries.

• Impact on your personal injury claim. If the other driver faces criminal charges, it can significantly impact your personal injury claim. A criminal conviction can strengthen your case by providing clear evidence of the other driver’s culpability. However, even if the driver is not convicted, you may still file a civil claim to pursue damages.
• Types of criminal charges. Tennessee law provides for several types of criminal charges that may arise from a road rage incident, including:
  • Reckless driving. This charge applies when a driver operates a vehicle with a willful or wanton disregard for the safety of others. Reckless driving is a Class B misdemeanor in TN, which can result in fines and imprisonment per Tennessee Code Title 55.
  • Assault. If the road rage incident involves the use of a vehicle as a weapon or other aggressive acts, the driver may be charged with assault. Assault charges can vary in severity, from misdemeanor to felony, depending on the circumstances.
  • Vehicular homicide. In cases where a road rage incident results in a fatality, the driver may be charged with vehicular homicide. This is a serious felony charge that can lead to significant prison time if convicted.
• Coordination between civil and criminal cases. If the at-fault driver is facing criminal charges, your attorney will coordinate with the criminal case to ensure that evidence from the criminal trial is used effectively in your civil claim. The outcome of the criminal matter can have a direct impact on the civil claim, potentially making it easier to prove responsibility and secure compensation.

Call a Car Accident Lawyer for Help Today

If you have been harmed in a road rage incident, we encourage you to reach out to an attorney as quickly as possible. These claims can be challenging, particularly when determining liability. We want to get involved quickly so we can gather evidence before it gets discarded or destroyed. Reach out to a car accident lawyer in Tennessee for a free consultation with experience handling complex claims.