When you live in a city like Miami that is forever growing and bustling with restaurants, businesses, and tourist attractions, traffic can become heavy and dangerous at times. Being stuck in traffic when you are running late for work or for an appointment is a frustrating experience that mostly everyone has had to deal with at some point or another. Traffic and mistakes caused by other drivers can incite quite a bit of anger in some people which is commonly referred to as “road rage.” Scary things can happen when people let road rage get the best of them, and in the worst cases, car crashes occur. If you or someone you love have been injured in a car accident caused by road rage, you may be entitled to damages for your injuries. Call the Law Offices of Prosper Shaked today at (305) 694-2676 to receive an honest assessment of your legal claim.
Types of Aggressive Driving and Road Rage
Road rage can manifest itself in a variety of ways. When people are overcome by road rage, at times it is like they are seeing red and anything in their path is at risk. Some of the most common forms of aggressive driving and road rage include:
- High speeds
- Tailgating
- Making improper turns
- Failing to yield
- Running other vehicles off the road
- Intentionally hitting other vehicles
- Brandishing a weapon and assaulting another driver
- Failure to obey traffic signs
- Erratic or improper lane changes
When a driver becomes engulfed in serious road rage, very serious accidents can occur. Sometimes, their behavior is more passive while in other instances drivers engage in intentional, malicious behavior.
How to Respond to Drivers with Road Rage
It is difficult to know how to respond to road rage, especially when another driver seems out of control and aggressive. Some helpful tips for dealing with aggressive drivers and road rage include:
- Avoid making eye contact with the aggressive driver.
- If the other driver tries to engage with you, stay focused on the road and do not respond. You do not know what this person is capable of doing.
- Do not put your window down or exit your vehicle while you are still in the vicinity of the enraged driver.
- If the other driver continues to display aggressive behavior or you fear you are being followed, call 911 right away.
There is not much you can do in the way of avoiding a driver who tries to intentionally hit you because of road rage. In serious accidents, there is a significant risk of injury for other drivers and their passengers. Retaining the legal services of an experienced personal injury attorney is an important first step in obtaining damages for injuries caused by aggressive drivers.
Legal Claims Against Aggressive Drivers
A victim of a car accident caused by road rage can begin collecting compensation immediately after an accident takes place. Florida is a no-fault car insurance state, meaning that individuals can collect from their own insurance policy (PIP) after an accident regardless of who was at fault. The law in Florida is that a victim cannot file a lawsuit against another drive unless the victim meets the serious injury threshold. Florida Statute 627.737 states that any of the following conditions meet the threshold:
- Permanent loss of a bodily function
- Permanent injury
- Significant and permanent scarring and disfigurement; and/or
- Death
A skilled Miami road rage car accident attorney is a necessary tool for maximizing the amount of damages you may be able to receive for your injuries. There are 2 types of damages that a victim can collect for injuries sustained in a car accident with an aggressive driver: compensatory and punitive. Compensatory damages are awarded for the purpose of making the victim “whole” and they are divided into 2 subcategories: monetary and nonmonetary. Monetary recovery may include the following damages:
- Present and future medical expenses
- Present and future lost earnings
- Household services
- Vocational rehabilitation
- Wrongful death damages
Nonmonetary damages are more difficult to calculate but they are still recoverable nonetheless. The following nonmonetary damages may be available to an injured victim:
- Loss of consortium
- Pain and suffering
- Emotional distress
- Loss of enjoyment
Punitive damages are awarded in cases where a defendant’s behavior is intentional or so egregious to the degree that it shocks the conscience. The purpose behind an award of punitive damages is to “throw the book” at the defendant in an effort to deter others from engaging in similar conduct in the future. Florida has a cap on the amount of punitive damages that can be awarded in a personal injury cause of action. A plaintiff may collect three times the amount of compensatory damages that were awarded or $500,000, whichever is greater.
Miami Road Rage Car Accident Lawyer
If you or someone you love have been injured by an aggressive driver, you may be entitled to damages for your injuries. Call the Law Offices of Prosper Shaked today at (305) 694-2676 to speak to a Miami road rage car accident lawyer who will fight to get you the compensation you deserve.