Aggressive driving and road rage are unfortunately fairly common in the Bay Area. Frustration with traffic and bad tempers can lead drivers to engage in aggressive, reckless behavior to intimidate others, such as speeding, tailgating, or brake-checking.
If you have injuries from an accident with an aggressive driver, you may benefit from having a San Jose car accident lawyer on your side. Aggressive drivers are not only liable for the injuries they cause, but they may also face criminal penalties. Omega Law Group Accident & Injury Attorneys can pursue a car accident claim on your behalf and seek compensation from an aggressive driver who caused your crash.
Send our offices a message online or call us today to receive a free case consultation with an aggressive driving accident lawyer in San Jose.
What is Aggressive Driving in San Jose?
California defines reckless or aggressive driving as driving a vehicle with “willful or wanton disregard” for others’ safety. Aggressive driving is more than just negligent, careless driving, and implies a level of awareness and intentionality behind actions.
Drivers may engage in aggressive driving due to frustration with traffic or other drivers. Below are some types of behaviors that could be characterized as aggressive driving:
- Driving substantially above the speed limit
- Tailgating or following too closely
- Swerving out of traffic lanes
- Revving the engine at other drivers
- Using the vehicle in an aggressive or threatening manner
- Running red lights and stop signs
- Excessive honking
- Cutting drivers off or intentionally blocking traffic
Aggressive drivers are not only liable for the accidents they cause but can also face jail time and civil fines.
Aggressive Driving Can Cause Serious Injuries
Aggressive drivers pose a significant risk to others and can cause severe injuries if they cause an accident. Aggressive drivers are typically moving, and reckless actions can increase the destructive potential of crashes.
Possible injuries might include:
- Bruising and soft-tissue injuries
- Broken bones and fractures
- Concussion or traumatic brain injury
- Spinal cord injury
- Internal injuries and organ damage
- Whiplash and neck strain
- Burns and abrasions
- Cuts and lacerations
- Vision and hearing damage
- Crushing injuries and amputations
What Kind of Compensation Can I Pursue After an Aggressive Driving Accident in San Jose?
A San Jose personal injury lawyer can help you seek compensation for your injury-related losses, including:
- Medical bills. The money from a settlement may cover reasonable medical expenses, including emergency care and recurring treatment like physical therapy. It may also cover the cost of surgeries, prescriptions, and medical devices.
- Lost work income. You can also claim the value of income you lost due to missing work. If your injuries require you to switch jobs or stop working, you may be compensated for your reduced earning potential as well.
- Pain and suffering. California also recognizes the right of accident victims to recover damages for the physical pain and psychological suffering associated with their injuries.
- Other injury-expenses. We can also seek compensation for other miscellaneous injury-related expenses, such as childcare, alternative transportation, and housekeeping.
Punitive Damages in Aggressive Driving Accident Cases
Punitive damages in California can be awarded in personal injury cases where the offender engaged in exceptionally egregious or malicious conduct. Unlike compensatory damages, punitive damages are meant to punish the offender and deter future bad behavior.
The willful disregard of reckless drivers may meet the threshold for oppressive or malicious conduct necessary for punitive damages. However, the burden of proof for demonstrating willful misconduct falls on the injury victim.
California doesn’t have a statutory cap on punitive damages, but they are typically calculated as a multiple of other types of damages.
Time Limit for Filing an Aggressive Driving Accident Lawsuit in San Jose
According to California Code of Civil Procedure 335.1, you have two years from the accident date to file a lawsuit for an aggressive driving accident. After two years pass, you may lose your chance to recover financial compensation. If your injuries were not immediately obvious, the two-year timer instead starts counting when you discover your condition.
This time limit is incredibly strict and has very few exceptions, so you shouldn’t delay. The longer you wait, the harder it will be to gather evidence and connect your injuries to the accidents. A San Jose aggressive driving accident lawyer can help you with the requirements and deadlines intended to keep your claim moving forward.
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Omega Law Group: San Jose Aggressive Driving Accident Lawyers
Aggressive drivers put everyone at risk, and individuals have the right to seek legal remedies when harmed by the actions of others.
The team at Omega Law Group can be your legal advocate and help you pick up the pieces after a devastating accident. We can use our skills and experience to advocate for you and represent your interests when communicating with insurance providers.
Give our offices a call or fill out our contact form to schedule a free case consultation with a San Jose aggressive driving accident lawyer.
