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Road rage covers a wide range of conduct. At the mild end it is a horn and a gesture. At the severe end it is deliberate tailgating, brake-checking at speed, forcing a car off the roadway, boxing a vehicle in, or leaving the car to confront somebody. The legal picture changes considerably along that range.
The short answer is that a civil claim is often possible where the conduct caused injury or damage, though these cases behave differently from an ordinary collision claim. That difference is worth understanding early, and it is a common reason people contact Denver car accident attorneys after an aggressive-driving incident.
Why intent changes the case
A typical crash claim rests on carelessness. Road rage frequently involves conduct that was chosen rather than careless, and that shift has consequences in several directions at the same time:
Deliberate conduct may support claims framed around intentional acts, which can carry different elements and different remedies than a carelessness claim.
Many auto policies address intentional conduct differently from accidental conduct, which can complicate the coverage question.
Aggressive driving can also be pleaded as carelessness or recklessness, and how a claim is framed can affect whether coverage responds.
A parallel criminal case may be underway, which can affect timing, discovery, and the other driver’s willingness to speak.
Insurance is frequently the sticking point
A person can have a strong account of what happened and still face a coverage fight. Where an insurer takes the position that the conduct falls outside the policy, recovery may depend on the other driver’s personal assets, on the injured person’s own uninsured or underinsured motorist coverage,… Read More
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