What Constitutes Aggressive Driving?
The “California Driver Handbook” published by the Department of Motor Vehicles lists the following behaviors as aggressive:
- Blocking the passing lane
- Obscene or hostile hand gestures
- Honking the horn
- Merging or forcing your way into another driver’s lane
- Not allowing a vehicle into your lane
- Flashing headlights at oncoming traffic
While not all of these behaviors will lead to an accident, they can all be considered contributing factors to an accident.
Aggressive Driving Accident Checklist
If you’ve been in an accident with an aggressive driver, you should take the following steps to ensure your safety and to protect your legal case:
- Do not exit the vehicle if the other driver appears enraged, intoxicated, or violent. This is especially true if the driver emerges with a weapon. If this is the case, note the license plate and drive to safety.
- Call 911. Remain calm. Tell them that you have been in an accident with an aggressive driver. Give them the location, license plate number, vehicle description, and any other information they ask for. You can tell the other driver that you’re notifying the police if they remain aggressive.
- Record the other driver’s actions with your cellphone camera. You can document their behavior as well as the accident scene for future legal action.
- Allow rescue to examine your injuries. Then, if necessary, allow them to transport you to the hospital.
- Call Kirakosian Law. If you’re in Southern California, attorney Greg Kirakosian can offer you a free case evaluation.
Frequently Asked Questions About Aggressive Driving Accidents
The following questions are the most frequently asked by clients and potential clients. To have your questions answered, call Kirakosian Law today.
Can I receive more money in my settlement if the other driver was aggressive?
While it is possible to receive a punitive damage award for an aggressive driving accident, the bar is fairly high for punitive damage awards in California. It will depend on how egregious the driving behavior was and its contribution to the accident.
How can I afford a personal injury lawyer?
Most attorneys who represent plaintiffs in accident cases work on a contingency basis. That means that they do not charge a retainer or work on the billable hour system. Instead, they receive a percentage of the settlement or court award after they win your case. If they don’t win, you do not have to pay for their services.
I wasn’t aggressive, but I was partially at fault. Can I still make a claim?
Yes, California is a comparative negligence state. What this means is that the attorneys will calculate the percentage of fault for each driver. Your settlement or award will be reduced by that amount. For instance, if your damages were $100,000, but you were 20% at fault, you would receive $80,000 for your damages.
Personal Injury Lawyer for Aggressive Driving Claims
For years, Kirakosian Law, APC has been representing individuals hurt by other drivers in car accidents. When you get injured in an accident, you deserve compensation, and a personal injury lawyer can help you get it. Kirakosian Law represents clients on a contingency basis, so you don’t have to pay out of pocket. Call today for a free consultation and case evaluation.
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