Cape Girardeau Road Rage Accidents
According to the AAA Foundation for Traffic Safety, nearly 80% of all drivers express some type of road rage behind the wheel. More alarming, AAA studies also found that in 2015, nearly 8 million drivers nationwide engaged in extreme examples of road rage, including directly confronting other drivers or intentionally ramming into another car. Drivers with road rage often drive at excessive speeds and completely disregard the safety of those traveling around them. If you have been injured due to another driver’s road rage, the Cape Girardeau car accident attorneys at Nahon, Saharovich & Trotz can help you pursue your claim. Our law firm has been handling road rage accident cases for over 30 years, and with over 30 attorneys and more than 120 support staff members, we have the resources to help you through this difficult period of time.Meeting Your Burden of Proof Under Missouri Law
Road rage encompasses aggressive and violent behavior exhibited towards other drivers. Common examples include hitting another vehicle, running another car off the road, engaging in a physical confrontation with another driver, and similar acts. Sometimes, aggressive driving will escalate into road rage. If you find yourself driving near someone exhibiting road rage, you should not retaliate with road rage of your own.
If you have been involved in a car accident caused by someone else’s road rage, you generally have five years under Missouri law to file a lawsuit or settle your claim. You will need to prove that the at-fault party acted negligently or recklessly in order to be entitled to compensation. Negligence is generally established by proving the folowing elements:
- Causation (including direct and proximate causation)
For example, let’s say you are on your way to the Isle Casino Cape Girardeau, and an aggressive driver has been tailgating you for the past quarter mile on Big Bend Road. As you slow down near the intersection of Big Bend Road and Mason Street, he rear-ends you. Your car sustains severe rear-end damage, and you suffer from immediate neck and back pain.
Here, the aggressive driver will most likely to be found responsible for his actions. First, he owed you a duty to drive safely; second, he breached that duty by following too closely; third, he caused the accident to take place by following too closely; and forth, you suffered physical injuries. In this particular case, you could be awarded compensation for your losses. Damages awarded after road rage accidents commonly are for pain and suffering, medical bills, past and future lost wages, and loss of enjoyment of life, among others.
Missouri is known as a pure comparative fault state. This means that you will be awarded compensation based on the percentage of fault that is attributed to those who caused the collision. For instance, if you are considered 25% at fault, you will only be able to recover 75% of the award. Protecting your recovery is one of many reasons to hire a car accident lawyer in the Cape Girardeau area who understands Missouri driving laws.Discuss Your Road Rage Accident Case with a Cape Girardeau Attorney Today
Road rage, although unnecessary and preventable, is one of the leading causes of auto accidents on the road today, and it commonly results in devastating outcomes for those involved. If you or a family member has been injured due to another driver’s wrongful conduct, the Cape Girardeau attorneys at Nahon, Saharovich & Trotz are prepared to discuss your case and walk you through the complex legal process of an auto accident claim in Missouri. NST represents people injured throughout Missouri, Mississippi, Tennessee, Mississippi, Kentucky, and Arkansas, including in Cape Girardeau, Caruthersville, Hayti, Tupelo, Oxford, Starkville, Grenada, Columbus, Meridian, Jackson, Memphis, Nashville, Chattanooga, Knoxville, Little Rock, and Jonesboro. Call us at 800-529-4004 or complete our online form for a free consultation with an automobile accident lawyer. NST is the way to go.