Jackson, TN Aggressive Driving Accidents

A recent study performed by the AAA Foundation for Traffic Safety found that aggressive driving contributes to nearly 50% of all car wrecks. The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as when “an individual commits a combination of moving traffic offenses so as to endanger other persons or property.” Aggressive driving maneuvers can include the following:

• Speeding
• Tailgating
• Erratic lane changes
• Running red lights or stop signs
• Driving on the shoulder of the road or in the median in an attempt to bypass traffic
• Passing in no-passing zones
• Failing to use turn signals

In some instances, aggressive driving includes road rage. The National Safety Council defines road rage as “a physical assault of a person or vehicle as a result of a traffic incident.” In a road rage incident, the driver essentially uses his vehicle as a weapon against the driver of another vehicle, and it frequently results in serious or life-threatening injuries, including neck and back injuries, brain injuries, and death. Victims of aggressive driving in Jackson or Madison County can seek recovery for their damages, including medical expenses, pain and suffering, and lost income.

As with any other auto accident, a person injured in an aggressive driving accident must prove that his or her injuries were caused by the other driver’s negligence. If the aggressive driver was cited for speeding, illegal passing, or another traffic violation, then it can be much easier to prove negligence and satisfy the plaintiff’s burden of proof. In fact, the accident victim may seek recovery under a theory of negligence per se where an act is considered negligent simply because it violated a statute, such as a traffic law. A conviction of that offense in criminal court is not necessary to prove negligence in a civil claim, as the burden of proof for criminal cases is significantly higher than the burden of proof for civil personal injury actions.

In certain Jackson wrecks, the responding law enforcement office, normally the Jackson (TN) Police Department, will decline to issue any citations if they did not see the accident first-hand, the drivers give conflicting stories of how the accident occurred, or there are no witnesses who can assist the officer in determining how the collision happened or who was at fault. In those cases, it is especially important to seek the assistance of an experienced car accident attorney in the Jackson area who can investigate the claim and preserve any evidence that helps to prove the other driver’s fault. Otherwise, the aggressive driver may point the finger at you for the accident, causing his liability insurance carrier to deny or contest your bodily injury claim. If an aggressive driver tries to blame you for an accident, consult a knowledgeable lawyer who will fight to hold the defendant responsible for negligent or reckless behavior.