Can You Sue a Driver for Road Rage?

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


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.


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.


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