What Happens if You Are Injured by an Aggressive Driver?

What Happens if You Are Injured by an Aggressive Driver?

If you are a driver in South Carolina, there is good chance that at some point over the years, you have experienced frustration with the actions of another driver. In fact, you may have even responded to the other driver’s frustrating actions by doing something aggressive yourself, ranging from using foul language or hand gestures to tailgating or tapping your brakes.

Aggressive driving is incredibly dangerous and is a major factor in traffic accidents throughout the United States. The following considers some facts about aggressive driving, and what happens if you are involved in an accident caused by the aggressive action of another party.

Types of Aggressive Driving

The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as, “The operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.” Because this is a very broad definition, acts that could be characterized as aggressive while driving include:

  • Following too closely/tailgating;
  • Changing lanes illegally or unsafely;
  • Illegal passing;
  • Failing to signal before changing lanes or making a turn;
  • Speeding or driving too fast for conditions;
  • Engaging in racing;
  • Failing to follow posted traffic laws;
  • Failing to yield;
  • Driving too closely to another vehicle or bicycle (side-to-side vs. front-to-rear); or
  • Otherwise driving in a reckless or careless manner.

According to the Insurance Institute for Highway Safety, speeding is the leading type of aggressive driving maneuver that is associated with fatal crashes. Speeding contributed to 18.8 percent of fatal crashes involving drivers and motorcyclists in the United States in the 2014.

South Carolina Fault Laws – Who’s Liable for My Injuries?

If the actions of an aggressive driver cause or contribute to a car accident where you suffer injuries or property damage, you no doubt have questions about your rights under the law and what you should do next.

South Carolina is a tort liability state, which means that drivers in the state are responsible for paying for the accidents that they cause, and that is why all drivers are required to carry bodily injury and property damage liability insurance. This also means that if another driver causes your accident and injuries, you can file a claim against that driver’s insurance, or can even file a lawsuit directly against the other driver.

In order to recover the compensation that you deserve, you will have to prove that the accident was indeed the fault of the other driver. This requires evidence, which your South Carolina car accident attorney can help you to collect. Some steps to take after a crash caused by an aggressive driver to preserve your right to your full compensation amount include:

  • File a report with the police– you want to make sure that the accident, as well as its cause, is well documented. Tell the police what you believe happened, and make sure to request a copy of the accident report.
  • Talk to witnesses at the scene – As you wait for police to arrive, talk to any eyewitnesses at the scene of the accident. Write down the witnesses’ names and contact information, as well as a few details about what they saw.
  • Take pictures – If you have a smartphone and are able to take pictures at the scene of the accident, do so. Pictures can provide evidence as to how an accident happened based on vehicle angles, skid marks, and traffic signals. Pictures are also great for documenting damage.
  • Get medical treatment. You should get medical treatment for your injuries as soon as possible, preferably immediately following the crash. Keep a thorough record of all medical data, bills, and prescribed treatments.

 Hire an Experienced South Carolina Car Accident Attorney

Aggressive drivers are a hazard to others on the road, and cause hundreds of accidents every year. If an aggressive driver causes you harm, stand up for your rights by contacting the experienced personal injury attorneys at the Peake & Fowler Law Firm, P.A. A consultation with our team is 100 percent free.  Call our office at (803) 788-4370 or utilize our Online Contact Form.