Aggressive driving and road rage are serious issues that can lead to dangerous situations on the road and also carry significant legal consequences. This blog aims to shed light on the legal aspects of aggressive driving and road rage and why you need the help of a Lawrenceville personal injury attorney if you’ve been involved in such an incident..
Defining Aggressive Driving and Road Rage
Aggressive driving is a traffic offense that involves a combination of moving traffic offenses that endanger other persons or property. It includes behaviors such as speeding, tailgating, running red lights, and improper lane changes.
Road rage, on the other hand, is a criminal offense. It involves an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of one motor vehicle on the operator or passenger(s) of another motor vehicle, or is caused by an incident that occurred on a roadway.
Legal Consequences
In Georgia, aggressive driving is considered a misdemeanor of a high and aggravated nature as per OCGA 40-6-397. It carries a penalty of up to 12 months in jail and a fine up to $5,000. The driver’s license points system in Georgia also means that an aggressive driving conviction will add 6 points to the driver’s record. Accumulating 15 or more points in a 24-month period will result in a suspended license.
Road rage, being a more serious offense, can lead to felony charges. If convicted, the penalties can include a prison sentence, hefty fines, probation, community service, mandatory anger management classes, and a long-term or even permanent driver’s license suspension.
What Role Does My Personal Injury Attorney Play?
An attorney plays a crucial role in cases involving aggressive driving accidents. Here are some ways an attorney can assist you:
- Case Evaluation: An attorney can review the details of your case, explain your legal options, and provide advice on the best course of action.
- Evidence Collection: Your attorney can help gather crucial evidence to support your claim. This can include police reports, medical records, witness statements, and, if available, traffic camera footage.
- Claim Preparation: Your attorney can help prepare and file your personal injury claim, ensuring all paperwork is completed accurately and submitted on time.
- Negotiation: Most personal injury cases are settled out of court. Your attorney can negotiate with the aggressive driver’s insurance company on your behalf to seek a fair settlement.
- Representation in Court: If a fair settlement cannot be reached, your attorney can represent you in court, presenting your case and arguing on your behalf.
Remember, dealing with an aggressive driving accident can be complex and stressful. Having an experienced Lawrenceville personal injury attorney on your side can make the process easier and increase your chances of receiving the compensation you deserve.
What Damages Can I Claim After an Accident Involving an Aggressive Driver?
If you are involved in an accident with an aggressive driver in Georgia, you may be entitled to claim several types of damages:
Medical Expenses
This includes costs for hospital stays, doctor visits, physical therapy, prescription medications, necessary medical equipment, and any future medical expenses related to the accident.
Lost Wages
If the accident caused you to miss work, you could be compensated for your lost income. This also includes loss of earning capacity if you’re unable to earn the same amount of money as you did before the accident.
Pain and Suffering
These are non-economic damages meant to compensate for the physical pain and emotional distress the accident caused.
Property Damage
This covers the cost of repairing or replacing your vehicle and any other personal property that was damaged in the accident.
Punitive Damages
In cases where the aggressive driver’s conduct is found to be malicious, willful, or showing reckless disregard for the safety of others, you may be able to recover punitive damages. These are awarded over and above normal traditional damages and are intended to punish the offender and deter similar behavior in the future.
Get Help from a Lawrenceville Personal Injury Lawyer
Aggressive driving and road rage are serious offenses, with significant legal consequences. Victims must understand the potential consequences when involved in such an accident. Contact The Weinstein Law Firm at 770-HELP-NOW for professional legal advice and to ensure that you get the compensation you deserve.
