5 Things You Should Know About Road Rage Injury Claims

If you suffer damages or injuries in a road rage incident or accident, you deserve compensation just like any other injury victim. Below are five things to note about such an injury claim.

1. The Incident Can Trigger a Criminal and Civil Case

A road rage incident is likely to trigger two separate legal processes. For one, the police may prefer criminal charges against the offender. The possibility of a criminal action is even higher if the incident involves specific threats or actual violence. Note that the authorities have the right to instigate criminal action against the offender even without your say-so.

Secondly, a road rage incident can also trigger an injury claim. For this civil action, you have to file the charges — the police cannot file a civil claim on your behalf. Note that an injury claim is only possible if you have suffered actual damages because of the road rage. For example, you can file an auto accident claim if the other driver drove you off the road into a ditch.

2. A Criminal Conviction Can Be Evidence in a Civil Case

The second thing to note is that you can use the defendant's conviction as evidence in your civil lawsuit. Using a criminal conviction as evidence in a civil claim is possible because the two cases require two different degrees of proof.

In a criminal case, the prosecution must prove the defendant's guilt beyond any reasonable doubt. In a civil case, the prosecution must prove that the defendant is more likely than not liable for the damages. Since the burden of proof is higher in a criminal case, a criminal conviction makes good evidence in a civil case.

3. The Civil Case Can Have Different Theories of Liabilities

Another thing to note is that you have two legal theories on which to base your claim. First, you can base your claim on the legal theory of negligence. With negligence, you must prove that:

• The driver owed you a duty of care
• The driver breached that duty
• The breach of duty caused your damages
• You suffered actual damages

The negligence claim is possible if the road rage resulted in an accident.

Secondly, you can base you can file an assault and battery claim. This intentional tort is possible if you can prove that the defendant's actions were intentional. An example is if the defendant intentionally ran you off the road. Another example is if the defendant got out of their car and physically assaulted you.

4. Punitive Damages Are Possible

A road rage incident also opens up the possibility of punitive damages. Punitive damages are typically available in cases where a defendant's actions are either intentional or truly egregious.

The punitive damages do not compensate for your damages. Rather, they punish the defendant for their actions. Many road rage incidents, especially those that involve intentional conduct, can trigger punitive damages.

5. The Defendant Might Claim Comparative Negligence

Lastly, you should also be alert to the possibility of comparative negligence. Comparative negligence may arise if the defendant manages to convince the court that you are partially liable for your damages. Such a claim is possible if you contributed to the road rage incident.

Note that New York follows pure comparative negligence , which allows you to recover damages even if you are partially at fault. However, the court will reduce your damages in proportion to your liability. For example, if your contribution to the crash was 20%, the court will reduce your compensation by the same percentage.

Don't hesitate to contact Schonberg Law Offices of The Hudson Valley, P.C., if you are the victim of a road rage accident — or any type of auto accident. We will review the circumstances of your accident, determine the value of your damages, and help you pursue compensation.