If another driver’s road rage and aggressive driving caused your accident and subsequent injuries, you can — and should — hold that person accountable. Unfortunately, even when it is obvious that the other driver was at-fault, recovering compensation is rarely ever as easy as it should be. But you are not alone. You have a road rage accident lawyer in Knoxville on your side.
Call Ogle, Elrod & Baril, PLLC to discuss your case: 865-546-1111.
What can I expect from the road rage accident claims process?
If you were involved in a road rage accident, our attorneys can assist you with filing an insurance claim with the other driver’s insurer to recover financial compensation for your medical expenses, property damage, and other losses you may have suffered.
We will notify the insurers of the accident as soon as possible so the insurance companies can open a claim investigation to look into what happened. We will provide them with as much evidence as we can to support your case and prove that the other driver’s out of control behavior caused your injuries.
After we have filed your claim, the other driver’s insurer will likely call you to request a recorded statement, which will look like your chance to tell your side of the story. This is a trick. The insurance adjuster will use anything you say in this call against you to reduce your settlement or deny your claim. This can be even more frustrating when you know the other driver is totally at-fault for the collision.
But do not fear. If the insurer wants to speak with you, simply send it our way. We have decades of experience dealing with insurers and will protect your right to compensation.
If the insurer decides that the other driver is at fault for your accident and injuries, it will likely make you a settlement offer. This offer will likely be very low. Our attorneys will handle all communication and negotiations with the insurer.
Even after negotiations, the insurer might still not offer you a fair amount for the injuries and damages you suffered. In such cases, we will file a lawsuit for damages to make sure you get the compensation to which you are entitled.
How can I hold the other driver liable for my accident injuries?
If the other driver’s road rage caused your injuries, you may be able to file a civil claim against the driver. However, you need to be able to prove that the driver’s road rage caused him to act negligently. In most cases, you would prove the driver behaved negligently by driving aggressively or recklessly.
Most states have a law that allows accident victims to hold aggressive drivers liable for their injuries. Per TCA § 55-10-205, any person operating “any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.”
This could include:
- Excessive speeding
- Weaving in and out of traffic
- Driving while intoxicated
- Purposefully rear-ending or sideswiping someone, in rare cases
What evidence do I need to prove the other driver’s road rage caused my crash?
As your attorneys, it is our job to investigate the accident fully and prove that the other driver’s aggressive behavior caused your injuries. Our attorneys will prove that the incident occurred because of the other driver’s negligent actions by presenting the following evidence:
- Medical reports and medical expert testimony indicating the severity and causation of the injuries
- Police reports, photographs of the scene, surveillance footage, witness testimony, and other information showing how the accident occurred and documenting the behavior of the aggressive driver (e.g., yelling, making offensive hand gestures, honking, etc.)
- Traffic statutes and criminal codes indicating what laws the aggressive driver broke
- Expert testimony regarding how the accident occurred and whether the other driver engaged in reckless behavior at the time of the accident
What damages can I recover?
With most car accidents, you can recover compensation for:
- Medical expenses (past, current, and future)
- Lost wages
- Lost earning capacity
- Pain and suffering
- Other economic and noneconomic damages
However, with road rage accidents, you may recover punitive damages as well due to the other driver’s intentional behavior. The courts do not award punitive damages to compensate you for your expenses, but instead, to punish the defendant for his wrongful actions and prevent him from acting out again in the future.
Get help in Knoxville today.
Drivers who act aggressively on Knoxville roadways are responsible for countless severe accidents and devastating injuries. If you are a victim of aggressive driving or road rage, our attorneys are here for you. We will closely evaluate your case and determine whether you have a valid claim against the aggressive driver who caused your injuries.
To consult with a knowledgeable road rage accident attorney in Knoxville, call the Law Offices of Ogle, Elrod & Baril, PLLC at 865-546-1111.