South Florida Injury Attorneys Blog
Miami’s roads can be chaotic, with drivers jostling for position and tempers flaring. Unfortunately, this often leads to road rage incidents that can result in accidents. But when a crash occurs due to road rage, who is responsible? This is a question Miami car accident lawyers are called to answer all the time.
In this article, we’ll take a closer look at the factors involved in determining fault after a road rage accident in Miami. From aggressive driving behaviors to traffic laws, we explore the various elements that come into play and offer some insight on how you can protect yourself on the roads of Miami.
What is Road Rage?
Road rage is when a driver acts aggressively toward another motorist. They are typically angry about something completely unrelated to their target. Often times, road rage incidents involve such behavior as:
- Honking
- Verbal insults
- Making rude or obscene hand gestures
- Waving a gun or other weapon
- Driving incredibly close to another vehicle intentionally
- Dangerous driving
If you have been the victim of road rage, or if you have been involved in a road rage incident, it is important to contact a Miami car accident attorney as soon as possible. They can help determine if you have a potential legal claim against the aggressive driver.
Common Causes of Road Rage
There are many factors that can contribute to road rage. One of the most common is simply being in a hurry. When we’re running late or trying to make up time, we’re more likely to get impatient and angry.
Other causes of road rage include:
- feeling stressed or overwhelmed
- being tired or fatigued
- having a medical condition that affects mood or behavior
- taking certain medications that can cause irritability or aggression
- using drugs or alcohol
Of course, not everyone who experiences one of these things will lash out in road rage. But if you’re already feeling tense or angry, it doesn’t take much for something to trigger an aggressive reaction.
Who is at Fault After a Road Rage Crash in Miami?
Bad drivers come in all shapes and sizes. You might be the most level-headed person behind the wheel, but that doesn’t mean you’re immune to road rage. In fact, even the best drivers can find themselves in the middle of a road rage incident.
Your car accident lawyer serving in Miami does not have to prove that the other driver engaged in road rage. In order for you to collect damages, they just have to prove that the other driver was negligent.
However, if your accident attorney serving in Miami can prove that the defendant was arrested and charged with road rage, it will help your case. In fact, if they can prove intent or reckless behavior on the part of the defendant, you may be entitled to punitive damages.
How Does Your Accident Attorney in Miami Prove the Defendant Was at Fault?
When it comes time for your car accident lawyer serving Miami to prove fault, there are several things they must consider. It may not be enough to demonstrate that the other driver was engaged in road rage at the time of the accident.
Your lawyer must show that the defendant did something that actually caused you injury. Some of the factors that may affect your accident claim will be discussed in detail below.
Did the Defendant Actually Break the Law?
Road rage is often characterized by aggressive or reckless driving. If either driver was breaking the law – speeding, running red lights, etc. – they may be held at least partially responsible for the crash.
When the police come to the scene, they will do a thorough investigation of the crash. If they issue the defendant a citation for reckless driving, your car accident lawyer serving Miami can submit a copy of the ticket as evidence.
Was the Defendant Acting Aggressively?
Even if the other driver didn’t break the law, that doesn’t mean your accident attorney serving in Miami can’t prove fault. If they can show that the defendant was acting aggressively, it will go a long way toward proving fault.
Of course, this, in and of itself isn’t enough to prove your case. Your attorney will still have to prove that you suffered an injury. Furthermore, they’ll have to demonstrate that your injuries were directly caused by the defendant’s aggressive behavior.
Can Your Accident Attorney in Miami Prove That You Tried to De-Escalate the Situation?
In most personal injury cases, the judge will look to see if either party had the opportunity to avoid a collision. In a situation involving road rage, the court will want to know if either party attempted to defuse the situation.
For example, your car accident lawyer serving in Miami may be able to show that you tried to avoid an accident. Perhaps you slowed down, hoping the other driver would tire of their antics and drive away.
Or your attorney may be able to demonstrate that you pulled off to the side of the road, hoping it would give the defendant time to cool off.
Ultimately, it’s up to police and insurance companies to decide who is at fault.
Examining the Evidence and Establishing Negligence
When two drivers in Miami get into a road rage incident, it can be difficult to determine who is at fault. Both drivers may be angry and acting aggressively, but one driver may have caused the other to crash.
If you are involved in a road rage incident, it is important to stay calm and contact a car accident lawyer serving in Miami as soon as possible.
There are a few things that can help your accident attorney serving in Miami establish negligence after a road rage crash. First, they can submit pictures showing the damage to the vehicles involved. This can help show who was the aggressor in the incident.
Your lawyer can also submit statements made by eyewitnesses indicating that the other driver was the aggressor.
Your Car Accident Lawyer Will Demand Compensation on Your Behalf following a Miami Accident
If you’ve been the victim of road rage, your car accident lawyer serving in Miami may be able to demand damages on your behalf. Depending on the nature and extent of your injuries, you may be able to file a claim with the other driver’s insurance carrier.
If your accident attorney serving in Miami can prove the defendant engaged in road rage, the insurance company should be inclined to settle your claim. It will be difficult for them to argue that you were at fault when their client was the aggressive driver.
How Can a Car Accident Lawyer Serving Miami Help After a Road Rage Crash?
If you or someone you know has been involved in a road rage crash in Miami, it is important to seek experienced legal representation as soon as possible.
An experienced car accident lawyer serving in Miami will be able to investigate the circumstances surrounding the crash and help you determine who may be at fault.
In many cases, insurance companies will try to minimize their payout by placing blame on the victim of the road rage incident. Your accident attorney serving in Miami will fight for your rights and make sure you receive the full compensation you are entitled to.
What Are the Odds That Your Accident Attorney Serving in Miami Gets You the Compensation You Deserve?
In the end, determining who is to blame after a road rage crash can be complex. To ensure that justice is served, your car accident lawyer serving Miami will take the time to carefully assess all of the details surrounding the incident. They will also work hard to negotiate a fair settlement with the insurance company.
The attorneys at Frankl Kominsky Injury Lawyers have handled more than their fair share of road rage crashes. They will work hard to make sure you get the compensation you deserve. You can contact their office at (561) 800-8000 and schedule your free, initial consultation today. Or, if you prefer, you can contact them directly through the firm’s website.