A calm drive can suddenly turn dangerous if you run into an aggressive driver. In California, more than two thirds of traffic fatalities involve aggressive driving behaviors. Since the COVID-19 pandemic began the number of road rage incidents has increased according to state patrol reports. Knowing how to handle these moments can protect both your safety and your legal rights.
Keep Control of Your Own Actions
Before worrying about the other driver, focus on yourself. It can be upsetting to get cut off or tailgated, but reacting with anger often causes more harm than good. Try to give yourself extra travel time. Keep enough distance between your vehicle and the one ahead. Use your turn signals when changing lanes. Drive in the lane that matches your speed rather than fighting traffic flow.
California follows a fault based system for car accidents. If your behavior contributes to a crash, it may affect your ability to make a successful claim later. You could be held responsible for damages to others as well.
Do Not Engage with the Other Driver
When someone else behaves aggressively, you might be tempted to respond such as yelling, speeding up, or gesturing. Doing so distracts you from driving and escalates risk. Instead, choose to diffuse the situation. You might let the other driver pass, slow down, take an exit, or avoid eye contact. Take any safe opportunity to distance yourself.
Report Dangerous Behavior When Needed
If the other driver’s conduct threatens safety, call law enforcement. If it is safe, note down details such as make, model, color of the car, and license plate. If the aggression follows an accident, contact the police immediately. Keep your car doors locked and windows up. Do not leave the scene unless you feel in danger. If possible, pull over in a public, well lit place.
Legal Consequences for Aggressive Driving
California law specifically addresses road rage. A first offense can lead to a six month license suspension. A subsequent offense may lead to a one year suspension. If someone’s aggressive driving puts others at risk, it may be prosecuted under criminal statutes. Reckless driving, defined as driving with wanton disregard for safety, can lead to misdemeanor charges and even jail time of up to 90 days.
If You Are Injured, Protect Your Rights
If someone else’s aggressive driving injures you, gather evidence of what happened. That might include photographs, witness contact information, and police reports. Legal representation can help you present your case to insurance companies or in court. An attorney can help you seek compensation for medical bills, lost wages, pain and suffering, and other losses you have suffered.
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Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
