Aggressive Driving Accidents

According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving occurs when a driver commits several types of moving traffic offenses that endanger other people or property. The dangerous maneuvers may include speeding, tailgating, running red lights or stop signs, failing to yield, driving illegally on the shoulder or on a sidewalk, ignoring other drivers’ signals or failing to signal, driving erratically, and taking out frustrations or road rage on other drivers.

Aggressive driving is likely to be considered negligent or reckless. In a personal injury lawsuit, you will need to establish that the aggressive driver failed to drive safely and that this was the cause of your injuries. It is important to call the police to the scene so that they can investigate, cite the aggressive driver, and write up a report about their findings. It is also important to speak with witnesses who can testify as to the at-fault driver’s improper conduct.

In some cases, an aggressive driver will try to deflect responsibility by blaming you, even if there is a police report blaming them. Different states follow different rules regarding comparative negligence. In Tennessee, a victim’s damages can be reduced by their percentage of fault. Insurance companies know this, and it is not uncommon for them to contact the victims of aggressive or negligent drivers as soon after the accident as possible. The insurance company does this to try to obtain an admission of fault to reduce or eliminate the exposure of their insured. It is best to retain an attorney before you provide any statement to an at-fault driver’s insurer.

In most car accident cases, you may recover compensatory damages. These are economic and noneconomic damages designed to put you back into the same position where you were prior to the accident, at least to the extent possible. Damages that you may be able to recover include medical expenses, lost income, lost earning capacity, pain and suffering, mental anguish, and loss of consortium. When the aggressive driving is a result of drunk or intoxicated driving, moreover, you may also be able to recover punitive damages designed to punish the defendant and deter such future conduct.