Tupelo Aggressive Driving Accidents
According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving entails operating a car in such a manner that endangers or is likely to endanger other people or property. An aggressive driving accident is usually caused by a driver who is upset or in a hurry to get somewhere. Instead of being cordial or patient, those drivers allow their emotions to get the best of them, which usually ends up clouding their judgment. At Nahon, Saharovich & Trotz, our Tupelo car accident lawyers have seen how aggressive driving accidents can cause innocent people to get hurt. We have represented the interests of people injured in auto accidents for more than 30 years, and in turn, have recovered over $1.5 billion in compensation for clients through settlements, judgments, and jury verdicts.
Signs of Aggressive Driving
There are many examples of aggressive driving. They include yelling at another driver, swerving in and out of traffic, making obscene gestures, cutting someone off, tailgating in an effort to intimidate another driver, or excessively honking the horn. When another driver acts aggressively, you may feel the need to respond accordingly. This is not recommended because it will escalate an already toxic situation into something much more dangerous.
Proving Liability Following an Aggressive Driving Accident in Tupelo
For personal injury claims, Mississippi law places the burden of proof on the victim of a Tupelo auto accident. This means the victim has the legal burden of establishing the elements of negligence and proving the case. If the plaintiff fails to satisfy the appropriate burden of proof, the car crash claim may be dismissed outright before a jury can decide on the amount of compensation to award for medical bills, lost wages, and other damages.
The plaintiff must first meet the elements of negligence to succeed in an aggressive driving accident case. First, the plaintiff must show that the defendant owed him or her a duty to drive safely. Next, the plaintiff must show that the defendant breached that duty by driving in an aggressive or hazardous manner. Finally, the plaintiff must demonstrate that he or she suffered injuries as a result of the defendant’s breach, which includes proving causation. Liability in a Tupelo aggressive driving accident is often proved through witness testimony. For example, if a witness saw a pickup truck tailgating behind your vehicle on Interstate 22, scream at you, make an obscene hand gesture, and then run you off the road, it is likely that the pickup truck driver’s aggressive driving caused your wreck to occur.
On the other hand, if you responded to the pickup truck driver’s actions with aggressive behavior of your own, the pickup truck driver may assert comparative fault against you. One reason to retain an experienced car accident lawyer in the Tupelo area is to anticipate and defend against allegations of comparative fault. A common misconception in Mississippi is that if an insurance company tries to place blame on you for a car wreck, then you are not entitled to recover any damages at all, even if you were hurt and received medical treatment. This is not true. Under Mississippi law, your claim will not be entirely barred; instead, your award can be reduced by the percentage of negligence attributed to you. Mississippi’s approach is known as pure comparative negligence.
Discuss Your Case with an Experienced Car Accident Attorney
If you notice another driver acting in a hostile manner, you should not engage in similar conduct. If cooler heads prevail, an aggressive driving accident is less likely to occur. However, a wreck may still occur even if you exercise proper judgment. To discuss your case with an auto accident lawyer in Tupelo, call Nahon, Saharovich & Trotz. Our firm employs 33 lawyers and more than 120 staff members, and we are ready to take your call today.