Road Rage Accidents
The news is full of stories about road rage accidents and how disastrous they can be. This term encompasses a broad range of activities and behaviors. Common examples of road rage include rude gestures, yelling and shouting, blocking other cars, tailgating, aggressive passing, or forcing a vehicle off the roadway. If two people are engaged in a road rage dispute, they place nearby motorists, pedestrians, bicyclists and themselves and their passengers at risk of serious injury. If you have been hurt because of another driver’s road rage, you may be entitled to compensation. Whether you were the target of the other driver’s road rage, or you were injured because two other motorists were driving recklessly, Massachusetts law provides a mechanism for you to obtain justice. At Breakstone, White & Gluck, our Boston car accident attorneys are prepared to help you hold a reckless driver responsible.Understanding Liability in a Reckless Driving Lawsuit
In a large and congested city like Boston, road rage can be common, especially during rush hour traffic. Massachusetts does not have a specific traffic law prohibiting road rage, but it is prohibited to engage in certain reckless driving activities like speeding and racing with another motorist. There are also prohibitions against reckless driving. If you are harmed in a road rage accident, your first step to recovering compensation is to file a personal injury lawsuit against the driver who caused your injuries. You may also need to contact your auto insurance company and the other driver’s insurer for what are known as first party benefits. These include Personal Injury Protection and Medical Payments coverages
In the lawsuit, your lawyer will need to prove that the at-fault driver drove negligently at the time of the accident. Negligence is a specific legal term that describes the level of carefulness and caution that we must each use when going about our daily lives. In the context of driving, it requires a motorist to use the same care and skill that a reasonable motorist would use. Since a reasonable motorist would not engage in road rage activities like speeding, yelling, and intimidation, acts of road rage are almost always considered negligent. Identifying witnesses to the incident and a copy of any police report prepared regarding the crash are good ways to establish that the other driver was acting recklessly at the time.Obtaining Compensation After a Road Rage Incident
Once you have proven that the at-fault driver operated their vehicle negligently, your lawyer must show that this conduct was a cause of your injuries. In other words, your attorney must prove that you probably would not have been harmed but for the defendant’s road rage behavior. The last phase of the lawsuit will involve establishing the amount of compensation that you are entitled to receive. This can include everything from ambulance bills to hospitalization expenses. Physical therapy, medications, and ongoing future medical care needs are also recoverable. If you were a pedestrian or bicyclist injured as a result of another motorist’s road rage driving, the chances are that your injuries are severe and potentially permanent. Traumatic brain injuries, for example, can cause memory loss, chronic migraines, and other conditions that may make it difficult to engage in your occupation or favorite activities. If you have suffered a catastrophic injury, it is essential that you seek the compensation that you will need in the future.
If the conduct was grossly negligent, or willful or wanton, and the accident resulted in a death, Massachusetts allows the plaintiff to also seek punitive damages. This is a different category of damages designed to punish a defendant for their egregious behavior while also dissuading others from engaging in comparable activities.Meet with a Diligent Boston Lawyer to Discuss Your Car Crash Case
At Breakstone, White & Gluck, our team of knowledgeable personal injury lawyers has handled many different types of car accident cases, including road rage crashes. Whether you were a target of another driver’s reckless driving, or you were an innocent bystander harmed by an argument between other drivers, we can help you fight for your right to financial compensation. Although no amount of money can truly make you whole again after this experience, it can offset the costs and inconveniences associated with your injuries. Serving people in Boston, Brockton, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Plymouth, Dedham, Norwood, Brookline, Attleboro, Barnstable, Worcester, Lawrence, and Springfield, we provide a free consultation so that you can learn about your legal options. Call us now at 1-800-379-1244 or contact us online to get started.