Road rage is a rapidly growing menace in the United States. Road rage occurs when a driver expresses extreme aggression or anger intending to create or cause physical harm.
A National Highway and Transportation Safety Association (NHTSA) study has revealed that running late was one of the leading reasons for road rage.
4% of drivers in the country have admitted to exiting their cars to confront another driver.
3% of drivers in the country have admitted to intentionally hitting another car in a rage.
Lack Of Legislative Determination to Criminalize Road Rage
Most States, including Nevada are yet to address the perils of road rage by enacting necessary legislation. Road Rage is not a defined crime under Nevada law, but road rage could lead to criminal charges for reckless driving, aggressive driving, battery, assault, and even voluntary manslaughter.
Common behaviors associated with road rage include shouting profanities, abuse, and insults at others on the road, hitting, bumping, sideswiping, or ramming into another vehicle, rude and inflammatory gestures, use of headlights and brakes to intimidate and harass other drivers, forcing another car off the road, and brandishing guns or weapons at other drivers.
Factors that can contribute to road rage include traffic congestion, fear of being late, lack of compassion and empathy for others, and/or a veil of anonymity.
Legal Remedies Available to A Victim Of A Road Rage Accident
Drivers who engage in road rage should face legal consequences for their actions.
Prosecutors bring charges against a road rage driver for specific violations of the motor vehicle code or for using a vehicle to commit a violent crime.
Road rage can be a criminal offense as well as a civil offense. While criminal prosecution requires the “beyond a reasonable doubt” standard of proof, a civil lawsuit applies to a much more lenient “preponderance of evidence” standard. It is far easier to win a civil suit than a criminal case.
Testimony of a victim can send a driver to the gallows. An experienced Las Vegas road rage lawyer will manage your participation in the prosecution. Your attorney will prepare you to face questions from the defense lawyers who will go to any extent to rubbish and refute the actual version of the road rage incident.
Your attorney may recommend you pursue a third-party lawsuit against the at-fault driver because you may be entitled to restitution damages if the driver is convicted of criminal charges. A third-party case enables you to sue for various damages that can be recovered in an intentional torts lawsuit.
Your attorney will protect and uphold your legal rights to secure financial compensation by filing a personal injury lawsuit. A criminal prosecution and a civil claim for damages against the at-fault driver are two distinct legal actions. You may have a right to recover damages even if the prosecutors decide not to press criminal charges or if the road rage driver is acquitted of the crime.
Your claim for damages does not depend on the outcome of the criminal case brought against the at-fault driver by the prosecution.
Will Insurance Cover Road Rage Injuries?
It is safe to assume that your insurance company will cover the damages if you get in an accident. However, many insurance companies won’t cover accidents caused by road rage, leaving you to foot the bill.
Most car insurance companies in the United States do not cover road rage. Insurance companies argue that road rage is intentional rather than careless behavior.
Auto insurance companies can suspend a driver’s policy if they commit road rage leading to an accident.
As a result, you would be unable to file a claim against the driver’s insurance policy. You may have to pursue damages against the driver directly – or with your insurance company.
Pursuing compensation can be challenging unless the driver is wealthy and can afford the damages you have suffered. Alternatively, if the driver was working at the time, your claim could be against their employee’s insurance policy.
If neither option is available, you may seek compensation through your auto policy if you have comprehensive or collision coverage. Having an Uninsured & Underinsured Motorist (UM/UIM) in Nevada is not mandatory. Still, insurance companies can offer such coverage at a level that meets or exceeds the minimum liability limits. Your lawyer can guide you to seek compensation through your own Uninsured & Underinsured Motorist (UM/UIM) coverage if all other avenues of recovering damages are exhausted.
To learn more about UM/UMI coverage in Nevada, click on the link below:
Pacific West Injury Law Firm – Incisive Legal Representation for Victims Of Road Rage In Las Vegas
Legal complexities associated with road rage accidents can deter many attorneys from taking up such cases, but not us. We are ready to put our substantial experience, knowledge, and resources behind your case. Such an unshakable resolve to serve local communities has resulted in our firm achieving unprecedented success by winning claims worth millions of dollars in Las Vegas.
Contact A Las Vegas Road Rage Car Accident Lawyer
If you or someone you know has been injured in an accident that may have been motivated by road rage in Las Vegas, Henderson, or North Las Vegas, a car accident attorney can provide the expert guidance and skillful representation you need to determine liability to receive compensation.
Call an experienced road rage accident lawyer at our firm for a free case evaluation right away.