Life in the Lonestar State can be risky when you are out on the roads. Speeding is relatively common in Texas, and is just one example of what is considered by the law to be ‘aggressive driving’. It’s important that you retain the services of a knowledgeable car accident lawyer if you (or someone you know) were involved in a car accident caused by an aggressive driver.
The law is on your side if your leisurely drive takes a turn because of someone else’s negligent behavior. You just need the right auto accident attorney in your corner to be able to receive the appropriate amount of compensation for your personal injuries.
What Happens When You Are Involved in an Aggressive Speeding Accident?
If you happen to find yourself as the victim of a driving-related accident, it is incumbent upon you to establish that the reckless behavior of the other driver is what led to the accident. In the aftermath of a violent accident, the shock and trauma can render you incapable of immediately seeking out the justice that you deserve. This is where the experience of a car accident lawyer comes into play.
Speeding is sadly common in Texas, and it’s important to understand the intricacies that are involved in fatal and non-fatal accidents.
So the first thing you need to do is seek medical attention. Depending on the severity of your injuries at the time, try as best you can to record the scene of the accident. If someone you are with is in a better state than you are, ask them for help.
Photograph the accident from multiple angles, jot down phone numbers from witnesses who can provide written statements as to what happened, and scour the area for street or security cameras that might have recorded the speeding as well as the accident itself.
Next up, go to the nearest police station and lodge an accident report. A good auto accident attorney will need as much recorded information as possible to best ensure you are adequately compensated for a reckless driving accident.
Reporting the incident to your insurer is what you do once you have a case number. If possible, try to obtain the insurance broker’s details of the offending driver, as well as all their relevant personal details.
Legal negotiations – either inside or outside of the courtroom – will then take place. This is where your due diligence will come to the fore. A witness testimony together with traffic camera evidence of driving over the speed limit is irrefutable evidence of negligence.
A skilled car accident lawyer will be able to call upon the services of a forensic expert who can recreate the scene of the accident if necessary in order to piece together the evidence. What looks like just an exploded airbag or a skid mark to you is forensic proof to a judge that the other driver was driving recklessly.
Being a good auto accident attorney involves building a strong case: together with you, your auto accident attorney will first gather all available evidence and then present it in an appropriate manner to ensure that the reckless driver doesn’t get off scot-free on account of some legal loophole or administrative error.
What Is Aggressive Driving?
Aggressive driving is broadly defined by the Texas Department of Transportation as ‘operating a vehicle in a way that endangers people or property’. This can include speeding, tailgating, and even road rage. Anything that causes provocation – hooting your horn or swearing obscenities – can constitute aggressive driving.
The key here is that a driver’s behavior is determined with regard to aggressive driving. A fine of up to $200 per traffic violation can be issued for any of the following:
- Disobeying a traffic-control device: This is the second most ticketed form of aggressive driving, after speeding. Any driver who wilfully ignores the various signs, markers, and signal devices (traffic lights) used to guide traffic is guilty of aggressive driving.
- Weaving unsafely between lanes: Cutting off another vehicle abruptly, or failing to indicate and safely cross to another lane to pass another vehicle is aggressive driving.
- Incorrect use of a designated lane: A slow-moving bus can be slowing up traffic in the wrong lane, constituting reckless driving.
- Driving across a hazard marker: Oftentimes a reckless driver will simply ignore the hazard signs (i.e. construction ahead), causing an accident.
- Passing a red signal: A driver who fails to stop at a red light is guilty of aggressive driving.
Because aggressive driving comes with its own fine for each specific transgression, the onus is on you and your expert car accident attorney to prove that the driver was not just at fault for breaking the law – but also for causing the accident. This is when things can get tricky.
The dollar amount for a transgression isn’t enough to stop aggressive driving in the state of Texas – which is why we see such a high number of speeding-related accidents on our roads. Deterring a reckless driver from behaving this way again is one of the societal benefits we strive for as we aim to make our roads safer for all Texans.
Can I Sue if I’m a Victim of Road Rage?
Increasing levels of stress and anxiety in a post-pandemic world, coupled with more and more cars on the road, are causing increasing incidents of road rage in Texas. Aggressive driving is one thing – and it’s usually a case of belligerent behavior and the attitude of a driver who believes that they are above the law.
Road rage is when that driver takes the law into their own hands. This is a criminal offense that is taken seriously by local law enforcement. Are you the victim in a situation where:
- You’ve been chased by another vehicle and run off the road?
- You’ve been deliberately slammed into by another vehicle in gridlock?
- You’ve been threatened, attacked, or injured by another motorist, passenger, pedestrian, or bicyclist?
Busy traffic at the end of a long day are the right ingredients for road rage to occur. Individual cases of road rage will be analyzed for the specific actions taken, and charges need to be filed for those actions.
With the right car accident lawyer possible charges including assault, vehicular assault, vehicular manslaughter, murder in the second degree, and aggravated murder can all be lodged in a road rage case.
A criminal lawsuit against the driver at fault needs to be opened as opposed to seeking compensation through insurance or the traffic courts. An experienced auto accident attorney will almost certainly be necessary to succeed. Yes, you can sue if you are the victim of road rage.
How Does Fault Factor into Accidents with an Aggressive Driver?
In more severe cases, the best option for adequate compensation is to file a lawsuit. Car insurance can be enough to cover the damages caused by minor accidents, but more severe cases will often result in serious injuries with lasting emotional consequences and high medical expenses.
Personal injury and property damage are just some of the financial burdens that you can find yourself under as a result of being in the wrong place at the wrong time on a road in Texas. It needn’t be this way.
If you’re the victim of aggressive driving, call our law offices today at any of our convenient locations and get a free consultation.
- Arlington (817) 522-4451
- Dallas (972) 362-6848
- Fort Worth (817) 764-1375
- Plano (972) 354-4602
- Cedar Hill (972) 338-9427
- McKinney (469) 522-3688
- Lewisville (972) 354-4605
- Frisco (972) 725-7681
- Grapevine (817) 835-8677
- Irving (972) 354-4610
- Keller (817) 204-0904
- Garland (214) 572-2251
- Denton (940) 222-4060
- Addison (972) 564-8108
You can also contact us online by using our quick contact form.