Dedicated Los Angeles Lawyer Helping Car Crash Victims

Bringing a Claim Based on an Aggressive Driving Accident

California’s aggressive driving law treats aggressive driving as a crime, and being convicted of it may result in criminal penalties. Driving that shows a willful or wanton disregard for the safety of other people or property is reckless driving. The court looks at whether the defendant deliberately ignored safety rules and principles. It may look at whether the defendant swerved, tailgated, or performed other dangerous maneuvers.

In most cases, a criminal conviction does very little for a victim of a serious accident. Restitution may be ordered, but it probably will not be enough to compensate for serious injuries. If the defendant is convicted of reckless driving in a criminal case, though, there is a very good chance of establishing damages in your personal injury lawsuit because the burden of proof is higher for the criminal case. However, each case is different, and you may be able to recover damages in a civil case even if you were unable to get restitution in a criminal case.

When a defendant has been cited for a violation of a safety law, an aggressive driving accident attorney in Los Angeles may be able to establish negligence per se. This is a doctrine that applies when the defendant has violated a safety rule that was created to protect a class of people to whom the plaintiff belongs, and this violation causes injuries to the plaintiff. Basically, when negligence per se applies, the case becomes more clear-cut, and the emphasis of the overall litigation is on the extent of the damages.

In some aggressive driving cases, it may be possible to assert a civil cause of action for assault and battery. However, whether or not this is appropriate will depend on the specific facts and on insurance coverage issues.

If you establish an aggressive driver’s liability, you may be able to recover compensatory damages. These are damages that are intended to compensate you for your economic and noneconomic losses. For example, these damages may include lost wages, household services, medical and hospital bills, loss of consortium, mental anguish, and pain and suffering. When a loved one dies as a result of an aggressive driving accident in California, certain family members and loved ones may recover additional damages. These may include funeral and burial expenses, loss of anticipated financial support, and loss of intangibles like love, guidance, moral support, affection, and more.

In some cases, alcohol fuels road rage, and a drunk driver may cause an aggressive driving accident. In those cases, it may be possible to recover punitive or exemplary damages. These damages are awarded to punish the defendant and deter future similar conduct, rather than to compensate the plaintiff for their losses. Punitive damages are not usually awarded in car accident cases, but there is a potential exception for drunk driving.

Discuss Your Case with an Aggressive Driving Accident Lawyer in Los Angeles