Road Rage Accident Claims in California

Driving can be frustrating. But when a driver turns frustration into hostility, being on the road can be downright scary. When road rage causes an accident, the victim may bring a claim for compensation.

If you have suffered injuries in an accident caused by a road-rage driver, you have rights. In this article, our California car accident lawyer discusses what road rage is and how you can pursue compensation for your personal injury claim.

What is Road Rage?

Road rage is anger-driven aggression behind the wheel. According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving is a traffic offense covering things like tailgating, speeding, and unsafe lane changes. Road rage crosses into criminal territory: NHTSA defines it as an assault with a motor vehicle or other dangerous weapon, aimed at another driver or passenger.

Traffic congestion, running late, and feeling disrespected on the road are common triggers. But the line is crossed the moment frustration turns into an intentional act meant to harm, threaten, or intimidate another driver.

Does California Have a Road Rage Law?

California does not have a law that is called a road rage law. However, there are many crimes that fall under road rage behaviors, including assault with a deadly weapon, reckless driving, and various traffic offenses.

Can an Accident Claim be Based on Road Rage?

Yes, an accident claim can be based on road rage. Most car accident claims rest on ordinary negligence, such as distracted or careless driving. Road rage claims go further. Because road rage involves reckless or intentional conduct, rather than a simple mistake, these claims may support an additional category of compensation: punitive damages.

Under California Civil Code § 3294, a court can award punitive damages when clear and convincing evidence shows the defendant acted with malice, oppression, or fraud. This is a higher bar than ordinary negligence claims must meet, but road rage, with its intent to frighten or harm, often meets it.

If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.

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California Road Rage Crimes

While California doesn’t have a law prohibiting “road rage” with a specific definition, a person engaging in road rage may commit many different crimes.

Here are some crimes, civil infractions, and penalties that may fall under the broad auspices of road rage:

Reckless driving

California Vehicle Code § 23103 prohibits driving with a willful or wanton disregard for the safety of people or property. Reckless driving is a misdemeanor punishable by up to 90 days in jail.

Vehicular Manslaughter

Vehicular manslaughter occurs when a person drives with gross negligence in the commission of an unlawful act, or in a lawful way that might produce death in an unlawful manner (California Penal Code § 192(c)).

Murder

If road rage results in death, and the driver’s conduct shows a conscious disregard for human life, prosecutors may pursue a second-degree murder charge based on implied malice under PEN §§ 187–188.

Assault With a Dangerous Weapon

Assault with a deadly weapon is punishable by up to four years in state prison or up to one year in county jail plus a fine of up to $10,000 (PEN § 245(a)).

Assault and Battery

Unlawful use of force or violence against a person is assault and battery in California. Without serious injury, it is a misdemeanor punishable by up to six months in jail and a $2,000 fine. If serious bodily injury results, the crime may be charged as a misdemeanor or felony, carrying possible incarceration of up to four years under PEN § 242 and § 243(d).

Brandishing a Firearm

If a driver brandishes a firearm at another motorist during a road rage incident, they may be charged with a violation of PEN § 417.3. It is a wobbler offense punishable by up to three years in state prison and a fine of up to $3,000.

Criminal Threats

Threatening to commit a crime resulting in death or great bodily injury is a violation of PEN § 422, where a driver was charged with making criminal threats in a road rage incident.)

Driving Too Fast for Conditions/Basic Speed Law

A road rage driver may be charged with a violation of the basic speed law. VEH § 22350 prohibits driving too fast considering the weather, visibility, traffic and other conditions.

Improper Turn

One way a driver may show road rage is by cutting off another driver. If they do not properly signal before turning, they may receive a citation per VEH § 22108.

Tailgating/Following Too Closely

A driver may not follow another vehicle more closely than is reasonable and prudent given all the conditions of the roadway. Tailgating is a common road rage behavior that may violate VEH § 21703.

Impeding Traffic

If a driver slows their speed to block someone else in traffic, they are in violation of VEH § 22400.

Road Rage-Related Driver’s License Suspension

VEH § 13210 allows a court to suspend the license of a driver convicted of assault under PEN § 245(a) against another motorist, cyclist, or pedestrian on a highway. The suspension is six months for a first offense and one year for a second offense. A court may alternatively order an anger management or road rage education course.

Compensation Claims Based on Road Rage

An insurance claim for compensation may be based on road rage. The victim must suffer a physical injury, property damage, or both. Road rage is strong proof of fault for the crash.

The victim may claim damages available to car accident victims. Generally, this includes economic damages, the financial hardships you experience, like:

• Medical bills, both current and future healthcare
• Lost income while recovering from the injuries
• Reduced earning potential for any long-term or permanent injuries
• Property damage for the repairs and replacement for a car or personal effects

Non-economic damages may be claimed, too. These subjective damages may include such items as:

• Pain and suffering
• Mental anguish
• Emotional distress
• Disability and disfigurement

Punitive damages in car accident claims are rare. However, a claim based on road rage may qualify. The victim must prove that the defendant’s conduct demonstrated malice, oppression or fraud. The burden of proof is clear and convincing evidence.

Proof of road rage is extremely important in a claim. Your California personal injury lawyer may present the defendant’s motivation through their actions leading up to the crash and their statements to others. Evidence is key, such as:

• Police reports
• Witness testimony
• Surveillance videos, traffic camera footage, and dashcam footage
• Accident scene photos
• Cross-examination of the defendant

The credibility of witnesses may be an important consideration for the jury.

While a conviction against the defendant or a finding of responsibility for a traffic ticket may be helpful, it is not necessarily conclusive of fault for a car accident claim. Responding to allegations of comparative negligence and other defenses is critical for the victim to receive justice.

Help With Crash Injuries Involving Road Rage Is Available Today

If you are the victim of a car accident where road rage was involved, you have important rights. The vehicle accident lawyers in California with the Sargent Law Firm Injury Lawyers can investigate your accident and determine if road rage was a possible cause. They can build your case with evidence and take the needed legal steps to claim compensation. Even if criminal charges or a traffic ticket were not issued, we can work to demonstrate the truth and protect your rights to recover your damages.

Contact us today to talk about your case.