You have probably experienced road rage at one point or another in your life. Maybe a driver was going too slow while you were running late, or maybe you really needed to get to your exit so you could go to the bathroom. In both cases, you may have engaged in aggressive driving.
Aggressive driving puts other drivers at risk and is also a major factor in traffic accidents. The Insurance Information Institute (III) reports that aggressive driving plays a role in more than 50% of fatal crashes.
Aggressive driving puts other drivers at risk and can also cause accidents. If you or a loved one were involved in a car accident with an aggressive driver, an Aurora aggressive driving accident lawyer can provide legal guidance and help you pursue compensation for your losses. To learn more, contact Pintas & Mullins Law Firm today at (800) 223-5115 for a free consultation.
How to Identify Aggressive Driving
Encountering an aggressive driver on the road can be a frightening experience. Some examples of aggressive driving include:
- Speeding
- Racing other drivers
- Changing lanes at a rapid pace or failing to signal while changing lanes
- Purposely preventing another vehicle from passing
- Tailgating another vehicle
- Threatening to harm other drivers or pedestrians
- Yelling obscenities
- Making rude hand gestures
- Honking in excess
If you encounter an aggressive driver, you may want to document that driver’s behavior by writing down their license plate number and filming or taking photos of their driving tactics. This documentation can serve as evidence if you choose to take your case to court.
The Difference Between Aggressive Driving and Reckless Driving
The terms “aggressive” and “reckless” tend to be interchangeable. In a legal setting, however, “aggressive” driving refers to the above behaviors. “Reckless” driving includes the same behaviors but also refers to drivers who willfully and intentionally endanger themselves and others on the road. To put it another way, reckless drivers intentionally try to harm other drivers on the road, whereas aggressive drivers take to the road without thinking about the other drivers around them.
You have the same opportunity to pursue legal action against reckless drivers as you do with aggressive drivers, but an Aurora aggressive driving accident lawyer can help determine how these different classifications may change your case. Contact Pintas & Mullins Law Firm today for a free case evaluation.
Consequences for Aggressive Drivers
When a person drives aggressively on the road, they are engaging in a deliberate behavior that puts fellow drivers at risk. Driving in this manner violates the duty of care that every driver has when they enter the road.
In Illinois, the term “duty of care” describes a driver’s responsibility to all others to act with an ordinary amount of care while on the road. To bring an aggressive driving claim to court, you must prove that the driver in question:
- Had a responsibility to uphold the duty of care
- Failed to uphold that duty of care
- Caused your losses by failing to uphold the duty of care
If law enforcement representatives are on the scene when a person engages in aggressive driving, that driver can be ticketed or even arrested if their aggressive driving can also be classified as reckless endangerment of themselves, their passengers, or others on the road. If law enforcement representatives give the aggressive driver a ticket stating their behavior was outside the norm, you can use that ticket as evidence if you pursue compensation for your aggressive driving losses.
For a free legal consultation with a Aggressive Driving Accidents Lawyer serving Aurora, call (800) 794-0444
Working with an Aurora Aggressive Driving Accident Lawyer
You have options available that allow you to pursue compensation without the input of a judge or you can choose to take your aggressive driving case to court.
Settlement Offer
The aggressive driver may approach you with a settlement, especially if your insurance company finds them at fault for your accident. An Aurora aggressive driving accident lawyer can help calculate your damages and determine if the settlement offer meets your needs. If not, your lawyer can negotiate for a higher settlement on your behalf.
Demand Letter to the Potentially Liable Party
Demand letters allow you to pursue compensation without going to court. In a demand letter, you can outline your potential compensation and evidence of the other party’s liability for your losses, then ask if they would be open to settlement negotiations. Again, an Aurora aggressive driving accident lawyer can represent you throughout this process.
Take Your Case to a Judge
If you would rather take your case before a judge, you can file a complaint with the court in your area. In your complaint, you can identify the party you believe to be liable for your losses, your supporting evidence, and an estimate of the compensation you may be entitled to. However, you must submit your complaint within the statute of limitations for a judge to consider bringing your case to court. In Illinois, 735 ILCS 5 allows only two years to file a personal injury lawsuit.
Aurora Aggressive Driving Accidents Lawyer Near Me (800) 794-0444
Fight for Compensation with Pintas & Mullins Law Firm
If you find yourself worried about legal fees before reaching out to Pintas & Mullins Law Firm, you can put your concerns to rest. We work on a contingency basis, which means we do not charge you for our services unless we are able to receive compensation for your losses.
An Aurora aggressive driving accident lawyer can help you fight for the compensation you deserve. Let Pintas & Mullins Law Firm take care of your legal needs, so you can focus on healing. Our team is ready to help. To learn more, call us today at (800) 223-5115 for a free consultation.
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