Road rage can lead to devastating accidents, injuries, and
even death. If you are the victim of an accident caused by road rage, you may be
wondering if you can sue the other driver for their actions and your losses.
As long as you can identify the individual who caused the incident, you
may be able to file a personal injury lawsuit against them.
Is Road Rage Assault?
In some instances, yes, road rage can be considered assault and battery
because it involves an intentional act, and a
car accident caused by road rage is intentional, not accidental. If the other individual
threatens to hit your vehicle, they could be found guilty of assault.
If they touch you or purposely hit your car, then he or she could be found
guilty of battery.
Examples of battery include:
- The other driver purposely hits your vehicle with their car
- The other driver gets out of the vehicle and starts to attack your vehicle
- The other driver drives you off the road and strikes you
Liability
You do not need a guilty verdict or criminal charges filed to file a personal
injury lawsuit against the other driver, however, it could help. If the
other driver has criminal charges filed them, proving liability becomes
a little easier. An attorney can help you gather the evidence you need
to prove that they were at fault.
Damages
If you are injured in a car accident, you could file for damages including:
-
Medical costs: Your initial treatment, as well as any future treatment that you encounter
as a result of the accident.
-
Lost wages: Time away from work for recovery, doctors’ visits, post-accident
treatments, and court appearances.
-
Pain and suffering: Physical and emotional pain that you have suffered, such as anxiety and
depression.
If you have been injured in an accident, contact our New Orleans personal
injury attorneys at The Womac Law Firm today!
Call (504) 470-3935 to speak with a lawyer.