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Whether or not the at-fault driver is been charged with a misdemeanor in an aggressive driving incident, you can still file a personal injury lawsuit if you suffered injuries during the accident. You will have to show that the other driver violated one or more of the offenses listed in the Virginia Code, and the driver had the intent to harass, intimidate, or injure another person. Criminal Threats (California Penal Code 422) - Criminal Threats can be charged if a driver threatens another with violence, harm, injury or death with the intent of intimidating or frightening the victim. When a person is involved in a road rage incident, they are engaging in behavior that could be considered violent or destructive. Don't allow yourself to become distracted by talking on your cell phone, eating, etc. According to California Vehicle Code section 13210, if a person uses a car to injure another person who is in a car, on a bicycle or walking on a highway, in addition to the penalties set forth in Penal Code section 245(a) (Assault with a Deadly Weapon – the weapon being the car) the court may order the suspension of the defendant's driver's license. What should you do when confronted with an aggressive driver?
On the other hand, people who engage in road rage have a deliberate intent to harm others out of anger or impatience. Keep your hands visible at all times. It is during the afternoon peak traffic hours that drivers are most apt to be both fatigued and rushed. Drive in the right lane except when passing. Running another driver off the road. However, according to the same survey, a substantial number of drivers have engaged in some aggressive driving tactics like speeding at least 15 mph over the speed limit and running red lights, themselves. Also, punitive damages are paid out of the defendant's own finances, not covered by an insurance policy. In Massachusetts, the immediate threat conviction means that there is no specified date when the license must be reinstated, and in many cases the suspension is indefinite. People make mistakes, and our attorney understands that people learn from their mistakes. Challenging an aggressive driver will only escalate the situation.
Respect pedestrian right-of-way in crosswalks. Law enforcement warns drivers who are confronted with road rage to avoid eye contact, gestures, or shouting. In serious instances, you could be charged with reckless driving in Wisconsin, which occurs when a person does the following: - Endangers the safety of any person or property by negligently operating a vehicle. The Millar Law Firm represents victims of road rage and aggressive driving in the Atlanta area and across Georgia. They may speed, follow other drivers too closely or swerve in and out of traffic. Purposely cutting off another car. The penalties for vandalism will depend on the dollar value of the property damaged or destroyed. Texas law states that reckless driving is the act of "willful or wanton disregard for the safety of persons or property. " The penalty for driving aggressively in Georgia is explained in O. C. G. A. Reckless driving; this involves a driver who willfully or wantonly drives with a disregard for the safety of other people or their property.
If the damage is less than $400, it will be charged as a misdemeanor punishable by up to six months in county jail. While Road Rage isn't a crime, there are several crimes that typically arise from Road Rage incidents, depending on the circumstances: -. Many drivers also become easily frustrated with other drivers if they run late for work or another important engagement. How can I avoid road rage? Give the drive your full attention. Avoid the hand gestures and nonverbal communication that prompts and/or aggravates a developing situation.
If a police officer sees it or if an individual feels threatened and calls 9-1-1, it could be grounds for an arrest. Donneil Gray of Madison allegedly cursed at a woman in traffic and called her a "Chinese dumb (expletive). " These offenses can all result in receiving a traffic ticket, but they do not constitute road rage. While there isn't a specific law about road rage in Texas, many instances of both aggressive driving and reckless driving could serve as examples of road rage as well. Do not stop or try to confront the driver. How do you recognize a distracted driver? That is to say, most drivers who act out with road rage and get caught in the act by a police officer will not technically be charged with "road rage" as a crime. How Does Road Rage Affect Your Driving? Stress, anger, and drugs and/or alcohol play a significant role in acts of road rage. Once in a parking lot or if cornered, those pursued should lock their doors and wait for authorities to arrive. There is no telling exactly what will cause a driver to experience road rage. Recent studies from AAA have uncovered a disturbing fact: most drivers have, at some point, acted in a dangerously aggressive manner toward others. Avoid sudden unexplained movements.
While aggression itself isn't a crime, aggressive driving can manifest itself into traffic violations and crimes. In addition to, or instead of the suspension, the court can order a person convicted for road rage to complete a court-approved anger management or "Road Rage" course. Drivers who are guilty of breaking Georgia's aggressive driving law can be held liable for damages; they may be required by law to pay for bodily injury and property damage in addition to being convicted of a misdemeanor and any sentence(s) that crime might entail. First and foremost, make every attempt to get out of their way. Yet experience has shown that significant steps to improve traffic safety in this nation are made when citizens act. It can lead to behaviors that provoke other motorists or cause them to worry about their safety. Provide as much detailed information as possible about the driver, including the make/model/color of his or her vehicle, license plate number and the road (and direction) on which the driver was traveling. If you're not sure about your state, check its DMV website or search online about road rage in your state.
Following too closely. This type of conduct typically involves aggressive behavior carried out on a street or highway that is expressed through words or actions. If you're going to be later than you expected - deal with it. Although no laws directly deal with road rage, Florida did enact a law stating that any driver who receives a conviction of or pleads no contest to a traffic offense that caused a crash three times within 36 months must take a driver improvement course to maintain their driving privileges.
First-degree recklessly endangering safety occurs when a person recklessly endangers another's safety under circumstances that show utter disregard for human life. Reckless-driving penalties can include community service, fines up to $200, loss of driver's license and 30 days of jail time. In Texas, a conviction for either charge requires irrefutable evidence, beyond a reasonable doubt, that the driver knowingly drove or behaved in a dangerous manner. Depending on the severity of the charges, an increase in auto insurance may also apply. When you file an injury claim against an aggressive driver, what will they have to pay for? Prolonged sounding of your horn to harass another driver. Sudden intentional braking in front of another vehicle. We also invite you to order our free book to further educate yourself about the Arizona criminal justice system. Give Maxey Law Office PLLC a call today at (509) 652-3330 or contact us online to schedule an initial lawyer consultation. Yet, those who understand how to identify this issue can take steps to avoid it. Negligence alone won't be enough to charge someone with aggressive or reckless driving. The design and structure of our neighborhoods require us, typically, to use a vehicle for our daily transportation needs.
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