What Are the Legal Options for Motorcycle Accidents Caused by Road Rage?
Road rage incidents are terrifying and dangerous, especially when you are on a motorcycle. While you may have taken all the necessary precautions to ensure your safety, such as wearing protective gear and riding defensively, accidents can still occur due to the reckless actions of others.
Disputes on the roadway can escalate when one driver has serious issues controlling their temper and does something to try to act on it. Road rage is a growing threat to drivers, especially motorcyclists, who may suffer severe injuries when a reckless motorist does something out of anger that causes an accident. These crashes may result in serious injury and even death.
Road rage is both a criminal and civil matter. Just because the driver who caused your injuries will face punishment and a potential jail sentence does not keep them from being civilly responsible for your injuries. Their insurance company still needs to pay for your injuries because they occurred during a motorcycle accident. These damages are likely significant as they connect to injuries that you have suffered, and they may even include punitive damages if you take your case to trial and win.
A motorcycle accident lawyer can handle your case and work for you to receive full compensation for what happened to you. They can file a claim or lawsuit on your behalf and deal with the insurance company. You have far more leverage than you think when you have suffered an injury in a road rage accident, and your motorcycle accident attorney knows how to use it to obtain the best possible agreement for you. If you cannot settle your case, a motorcycle accident lawyer can file a lawsuit on your behalf if that is what must happen to secure full compensation for your injuries.
Drivers May Act Aggressively When an Incident Involves Motorcyclists
No statistics break down the number of road rage accidents to those involving passenger cars versus motorcycles. However, drivers may have a more visceral reaction to motorcyclists. They may draw negative biases against bikers and get even more angry when they think a motorcyclist is careless or aggressive. The passenger car driver may make an effort to catch up to the motorcyclist and exhibit their anger through road rage.
The essential statistics are that road rage incidents have increased in recent years. Drivers are ill-tempered, and some may think the law does not apply to them. The roads are more crowded these days, and drivers have even more of a hair-trigger temper than ever. In general, reckless driving has dramatically increased since the pandemic, and road rage is a prime example of this type of conduct.
Examples of Road Rage That Can Cause You Serious Injury
Road rage can consist of several aggressive behaviors when a driver cannot control their anger. The most common manifestation of road rage is when a driver curses another or makes an obscene gesture. These behaviors are common when a motorist cannot manage their emotions. Things can get more dangerous for motorcyclists when the driver takes another physical action to retaliate against them.
A driver may do the following things in a fit of rage that can endanger the life of the motorcyclist:
- Cutting in front of the motorcyclist to exert their dominance
- Running a motorcyclist out of their lane
- Excessively tailgating a motorcyclist and getting too close to the bike
- Tapping a motorcyclist to endanger them
- Weaving in and out of traffic to follow the motorcyclist
Motorcyclists Can Suffer Critical Injuries or Die in Road Rage Accidents
While any driver is vulnerable to serious injury from road rage accidents, it is even more likely that a motorcyclist will suffer severe injuries. Unlike when one drives a motor vehicle, there is nothing to protect a motorcyclist from impact, whether from the car itself or when they fall to the pavement. Even a slight tap on their bike, which may not have much effect on a passenger car, can lead to a serious or fatal motorcycle accident because the biker may lose control and crash. A driver lurking in a menacing way is intimidating to a motorcyclist because their bike is exposed and far smaller than the car.
Common Injuries from Road Rage Accidents
Road rage motorcycle accidents can cause the following injuries:
- Fractures and broken bones
- Cuts and lacerations
- Neck and back injuries
- Traumatic brain injuries
- Internal injuries
- Soft tissue injuries
- Spinal cord injuries
Some extreme instances of road rage involve the use of physical force beyond just using the car to cause damage. When the driver and motorcyclist pull over after a traffic incident, the driver may even try to use a weapon to harm the biker. Here, the motorcyclist is likely on the ground after a traffic incident because the accident caused them to fall off their bike, and they may have suffered severe injuries.
The Civil Legal Process Is Largely Independent of Criminal Charges
A driver may face criminal charges for their conduct in a motorcycle road rage accident. Using their car to cause harm to someone else can mean that the driver used a deadly weapon, and depending on state laws, the driver may face charges of assault using a vehicle. The state may also charge a driver with reckless driving for the actions that caused the accident.
The fact that the driver is facing criminal charges does not take away your right to seek money from the motorist who was responsible. Your car accident lawyer will work separately from the prosecutor in different legal cases.
The court will hear the criminal case and decide whether a judge or jury should convict the driver. The judge may then impose a sentence, whether jail time or probation. The prosecutor must then prove the case to the jury beyond a reasonable doubt, which is a very high standard of proof. The prosecutor may negotiate a plea agreement with the driver, and you will have no say in the process. In a criminal case, you can only testify against the driver if possible.
The Insurance Company Still Pays No Matter What Happens in the Criminal Case
In a civil case, you seek money from the driver’s insurance company, or you will file a case against them in court. There is a much lower burden of proof that you need to win your case, and you can win your civil case even if the prosecutor drops the charges or fails to secure a conviction. If the driver does plead guilty, your attorney can use it as evidence in your civil case.
Even if the court convicts the driver at trial, you must prove your civil case. The other driver’s insurance company does not call the shots in your claim, no matter how much it tries to give this impression. Insurance companies may have a highly culpable driver; thus, they want to avoid a civil trial in your case at all costs. If they try to push their luck in settlement negotiations, there is a limit on what insurance companies can do because they are in a vulnerable legal position.
The last thing insurance companies want to do is face a jury when their driver acted recklessly or intentionally. They know the outcome is far worse for them in court than if they settle the case. A jury may even order punitive damages if it feels it needs to send a message to and make an example of the driver. Then, the insurance company is on the hook for paying you more compensation. Its policyholder can even file a bad faith lawsuit if the insurance company fails to settle the case when it has the opportunity to do so. Thus, there may be a limit to what the insurance can do to defeat or frustrate your claim.
You May Have to Deal with Your Own Insurance Company if You Cannot Find the Driver
You may need to file a claim against your insurance policy in a road rage incident because, in many cases, the driver will not stop at the accident scene. For example, when their efforts to cut you off made you fall from your bike, they have caused a one-vehicle accident, and the driver may not stop. Then, you must file a claim against your insurance policy because you were the victim of a hit-and-run accident.
You still must prove fault in a hit-and-run accident to qualify for full compensation from your insurance company. You also have to negotiate compensation because the insurance company does not want to pay you. In the meantime, your motorcycle accident lawyer will continue to try to track down the responsible driver so you can file a claim against their insurance policy. They will investigate the accident and pursue all available leads to find the driver because it may mean that there is additional insurance coverage to pay for your injuries.
Always Hire a Motorcycle Accident Lawyer for Your Case
Since your motorcycle accident has likely caused you to suffer serious injuries, you should never try to deal with anything other than taking care of your health. You must take steps to address the legal process if you want to receive compensation for your injuries, but contacting a motorcycle accident attorney and hiring them for your case should be the only thing you do in the legal process.
The insurance companies will only fear you if they see someone on your side who can make them pay for your injuries. When insurance companies know the facts and laws are against them, they are more likely to pay up when they fear consequences. When your case goes to trial, insurance companies are in a position where they may learn firsthand what can go wrong.
Motorcycle attorneys also have access to a network of resources that can be invaluable in your case. They can consult with accident reconstruction experts, medical professionals, and other specialists to gather all the necessary evidence and build a strong case in your favor. With their support, you can focus on your recovery while they handle the legal details on your behalf.
You May Need to Fight Back if the Insurance Company Tries to Blame You
Further, your case is likely worth a significant amount of money because you have suffered serious injuries in a motorcycle accident involving road rage. Insurance companies know that fact, too, and they will likely try to do everything in their power to protect themselves from liability. They may even try to find a way to blame you for the accident and argue that you did something to provoke the other driver to anger. Even though it is not a complete defense that insurance companies can use, it may mean they will pay you less damages.
Therefore, you need to counter any allegations that the insurance company makes with evidence of your own, and you can do that with the help of a motorcycle accident lawyer. If the insurance company still does not see things your way, your motorcycle accident attorney will take your case to court, and the jury can decide whether you deserve money and how much you should get.
Trust A Motorcycle Accident Attorney
Motorcycle accident attorneys understand riders’ unique challenges and can provide you with the experience and guidance needed to build a strong case. By gathering evidence and interviewing witnesses they can prove road rage and hold the accountable party accountable. They are skilled at negotiating with insurance companies, and representing you in court, they will fight tirelessly to ensure you receive the compensation you deserve.
With a motorcycle attorney by your side, you know you have an advocate to protect your rights and ensure you have the best chance at obtaining the compensation you deserve. You do not have to face this journey alone. Reach out to a personal injury lawyer today and take the first step towards getting the justice you need so you can focus on your recovery and moving forward.
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