Video Description
In one year alone, speeding resulted in over 20,000 accidents and was a factor in 79 fatal car accidents in New Jersey. However, while speeding is a violation of traffic laws that can lead to a ticket, courts will not automatically deem a speeding driver at fault for a car accident.
There are a number of ways to prove that speeding was a factor in an accident. Witnesses might be able to testify that a driver was speeding shortly before a crash. Traffic cameras or GPS data can also provide fairly clear proof that someone was speeding. Forensic specialists can reconstruct the circumstances of an accident and determine the speed of a driver based on physical evidence like skid marks on the road, the amount of damage to the vehicles involved, and whether or not airbags deployed.
Proving that a driver was speeding helps show that the driver was negligent and, therefore, at fault for the accident. However, other factors are relevant as well, such as whether the other driver was also driving carelessly or aggressively.
WHAT IS AGGRESSIVE DRIVING?
Aggressive driving is any deliberate and unsafe driving behavior that puts others on the road at risk. Common forms of aggressive driving include:
- Speeding
- Tailgating
- Running red lights
- Weaving in and out of traffic
- Cutting off cars
- Blocking other cars from changing lanes
While many aggressive driving behaviors are illegal and would be enough to justify the police pulling the driver, that does not mean a court will automatically find the aggressive driver at fault for an accident. So if you’re injured by an aggressive driver, it’s important to consult with a personal injury attorney.
WHAT IS ROAD RAGE?
Road rage is an extreme form of aggressive driving. Road rage is such a big problem in New Jersey that the state passed Jessica’s Law, which levies severe criminal penalties for those who injure others in road rage incidents.
An important question in any road rage case is whether the driver caused injury intentionally or by accident. While intentional injuries can lead to higher damage awards, car insurance doesn’t cover intentional injuries.
As a practical matter, it’s often a better idea to accuse the raging driver of negligence so that the driver’s insurance policy will be available to pay the claim. Obviously, this does not work in cases where the driver got out of the car and engaged in violence, but if the case involves a vehicle collision, a negligence claim may be plausible.
WHAT ELSE FACTORS INTO ACCIDENTS INVOLVING AN AGGRESSIVE DRIVER?
In any personal injury lawsuit, the court will determine each party’s contribution to liability for the accident. Any compensation will be reduced by the person’s fault. If a car accident victim is found to be 30% at fault, he or she will receive only 70% compensation for injuries.
For example, in the case of Hynes v. Gibson, a driver tapped his brakes to warn a tailgater to back off. After the tailgater switched lanes and pulled up alongside the driver, the driver raised his middle finger at him. Once they stopped at a stoplight, the tailgater got out of his car, broke the driver’s window, then stabbed him with the tool he used to break the window. Despite the tailgater’s intentional violence, the jury still found the driver 48% at fault for the incident and significantly reduced his award.
If you or a loved one has been injured by an aggressive driver, contact Rosenblum Law for a free consultation.
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