Staten Island Aggressive Driving Lawyer
Injured by an Aggressive Driver? Get Help From Our Staten Island Aggressive Driving Lawyer
Although there are many different types of unsafe driving behaviors that could cause a motor vehicle accident, aggressive driving is one of the worst types. According to the National Highway Traffic Safety Administration (NHTSA) and AAA, aggressive driving is any type of unsafe driving behavior that is deliberate and either with ill intention or disregard for the safety of others. This includes road rage behavior such as driving with anger, aggression, or trying to “get back” at another driver. It can also include reckless driving behavior such as speeding, tailgating, cutting off other drivers, running red lights or stop signs, or otherwise driving in an unsafe or careless manner. Statistics reveal that approximately 66% of all fatal traffic accidents involve at least one of these examples of aggressive driving. Despite contributing to a significant number of injury or fatal traffic accidents, our Staten Island aggressive driving lawyer knows that these dangerous behaviors are completely avoidable.
Here at the O’Connor Law Firm, we help victims and their families recover compensation for their conscious pain and suffering, medical bills, lost wages, and other damages as the result of a motor vehicle accident in New York City, Long Island, northern New Jersey, and especially right here in Staten Island. Although liability in most instances of aggressive driving may appear obvious, far too many insurance adjusters and defense lawyers will refuse to fairly compensate victims and their families. But our Staten Island aggressive driving lawyer won’t let adjusters and defense lawyers protect dangerous drivers, and we’ll fight back to get the compensation that victims and their families deserve. To learn more about how we can help you, contact us today to schedule a free case evaluation.
What is Aggressive Driving?
New York law does not specifically define aggressive driving. That’s because aggressive driving is really a broad characterization of certain driving behaviors that are reckless, careless, and downright dangerous. Thus, what constitutes aggressive driving could depend on the facts and circumstances of an accident.
For example, changing lanes without a turning signal in the middle of the night on an empty highway is not aggressive driving. However, engaging in the same behavior during rush hour by tailgating and cutting in at a high speed to “cut a line” on an exit ramp is likely to be aggressive driving, especially if the driver has been going back and forth with another vehicle who isn’t letting them in. When combined with other traits like honking or gesturing to another driver, it can be both aggressive driving and escalate into road rage.
Therefore, aggressive driving is considered unsafe driving behaviors that create unnecessary risk to the safety of others. Some examples include the following:
- Speeding, including when driving faster than the traffic and roadway conditions permit such as during inclement weather
- Tailgating or following too closely to another vehicle
- Unsafe lane changes, especially without turning signals
- Running a red light, including turning on red but also running straight through a red light by either jumping a light or speeding up as a light changes from yellow to red
- Failing to yield, including at a multiple-stop intersection, traffic circle, out of a parking lot or private driveway, or otherwise required to yield
- Unsafe left turns, including jumping a red light or cutting off other drivers
- Running a stop sign, including rolling through or not even stopping at all
- Driving on a sidewalk, curb, shoulder, exit ramp, grassy medium, or another area of roadway not meant for driving on or only for emergency stopping
- Unsafe U-turns or K-turn maneuvers, and
- Other types of unsafe driving behaviors that are performed deliberately, purposely, and with disregard for the safety of others on or around the roadway.
How is Aggressive Driving Different Than Road Rage?
Aggressive driving can be different than road rage for several reasons. Specifically, aggressive driving can be performed based on the traits of a driver, such as a driver who likes to speed and “race.” Aggressive driving could also be based on the circumstances, such as a driver who is late to work or an appointment and is speeding, running red lights, and being discourteous.
Road rage, in contrast, is a type of driving behavior marked by anger or ill-will. This usually means that a driver is “getting back” at another driver or is being mean, aggressive, or spiteful. Many times this is because of some perceived threat or discourtesy from the other driver, but other times it can just be the temperament of the driver.
Ways Aggressive Driving and Road Rage Cases are Handled in New York: Criminal Cases and Civil Cases
People who are the victims of an aggressive driver or a road rage incident may be entitled to compensation for their personal injuries. Their cases often are handled on two different tracks. The first track is through law enforcement, who may bring criminal charges against an aggressive driver or road rage driver. This may result in criminal penalties or even incarceration for the defendant. Victims do not prosecute these cases, and sometimes have no say in whether the district attorney will or will not prosecute the case. However, many victims will be able to either testify or submit depositions (or statements to the police) about the incident and their position whether the prosecutor should pursue charges.
The second track, which could occur at the same time or after the criminal case has concluded, is a civil claim. This is a typical type of personal injury and car accident case usually based on negligence. Thus, victims may be entitled to bring a civil claim where they are in complete control of how they would like to pursue their case with their Staten Island aggressive driving lawyer. This includes whether to seek a settlement, how much, or whether to reject an offer and pursue a claim in a court. Importantly, victims may be able to use the investigation and even the outcome of the criminal charges against a defendant to help prove their civil case.
Proving an Aggressive Driving Case in New York
Victims who suffer personal injuries due to an aggressive driver may be entitled to seek compensation for their injuries depending on the facts. In order to recover compensation, victims will need to prove that the defendant breached a duty of care owed to the victim, and that such breach was a cause of the victim’s damages. Since aggressive driving is not just one type of behavior, what a victim must prove is different in each case. For example, one victim’s aggressive driving accident may be caused by a driver who was speeding and making illegal turns to cut in front of a victim who couldn’t stop in time, whereas another victim’s case might have been caused by a defendant who was following too closely while speeding.
For these purposes, victims who are engaged in an aggressive driving case in New York need to retain an experienced Staten Island aggressive driving lawyer such as ours. There are many different fact patterns that could constitute aggressive driving, and virtually no two cases are the same.
Can I Still Recover Compensation if I Was Aggressive Too?
Yes, victims of an aggressive driving accident in New York may still be entitled to recover compensation if they were partially at fault for the accident. This includes if they were also engaging in aggressive behavior such as not letting another driver in, speeding, or even honking, yelling, or gesturing at another driver. That’s because New York, like most other states, considers a victim’s comparative fault in a personal injury accident.
Under New York’s comparative fault doctrine, a victim’s fault for causing a motor vehicle crash will proportionally reduce his or her recovery. For example, if a jury awards $100,000 to a victim but finds the victim to be 30% at fault for also driving aggressively, the victim will usually be entitled to recover $70,000 ($100,000 x 30%). Unfortunately, many defense lawyers and insurance adjusters will try to blame victims as the parties who were the instigator or main aggressor in an attempt to protect their client.
Despite this, the law still focuses on the driving conduct of the parties, and a defendant who is speeding, unsafely changing lanes, or otherwise engaging in unlawful or negligent driving behaviors will still likely be primarily at fault. That’s because, while honking or yelling at another driver may be discourteous, it is not negligent and it is not the cause of a crash like speeding and cutting into a lane would be. But defense lawyers and adjusters will make you believe that it is, and may be able to convince a jury too if you don’t have competent and experienced legal representation.
Injured in a Road Rage or Aggressive Driving Accident in New York? Our Staten Island Aggressive Driving Accident Lawyer Can Help
If you or a loved one were seriously injured in a road rage or similar reckless auto accident in New York, our experienced Staten Island aggressive driving accident lawyer can help you and your family recover compensation. We offer free consultations and do not require clients to sign up right away. Nor do we ask clients to pay any litigation fees or legal bills until we recover compensation for them in a settlement, verdict, award, or another type of recovery. This means there is no upfront cost and no financial risk to begin working with our personal injury lawyers in New York.
To learn more about your rights and how we can help you and your family, contact us to schedule a free case evaluation by dialing (866)-927-3809 or by sending us an email through our “Contact Us” box available here. These types of motor vehicle crashes can be very difficult, even if law enforcement has brought criminal charges against a defendant who may have plead guilty or been found guilty. Do not try to handle the case alone or hire an inexperienced attorney. Call our compassionate and experienced team today for personalized and skilled representation in Staten Island and throughout the rest of New York City, Long Island, and northern New Jersey