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Aggressive driving includes conduct that places other people or property in danger. Nationally, aggressive driving remains a major cause of vehicle accidents. Speeding, tailgating, failing to signal, or making obscene gestures in traffic may be described as aggressive driving. This type of driving behavior can result in tragedy if it causes a crash, and may lead to “road rage,” which is a more exaggerated form of aggressive driving. Bringing a lawsuit against an aggressive driver provides a means to recover damages for harm suffered in a vehicle collision. Washington, D.C. car accident attorney Roger Gelb advocates on behalf of crash victims who have been harmed by the negligent conduct of others. Attorney Gelb focuses his legal practice on assisting those hurt in vehicle accidents, and has personally represented thousands of clients. At Gelb & Gelb, clients speak directly with Mr. Gelb during their legal representation as he handles every case in the firm. As a recognized leading advocate for accident victims’ rights, Mr. Gelb has recovered multi-million dollar verdicts and settlements for individuals and families, and is available to represent clients throughout Washington, D.C., as well as Maryland and Virginia.Holding an Aggressive Driver Accountable for Harm Caused in a Collision
Aggressive driving places others on the road, including drivers, passengers, pedestrians, and bicyclists, at risk of harm. All drivers owe others the duty to operate their vehicle reasonably, and to avoid causing foreseeable harm. Aggressive driving may be deemed a breach of this duty, exposing the at-fault driver to liability if the injured victim pursues a negligence claim.
In a personal injury lawsuit alleging negligence, the plaintiff will be required to prove all elements of the claim, which are: duty, breach, causation, and damages. While there remains a general duty to drive in a reasonable manner, avoiding harm to others, there is also the duty to maintain control of the vehicle. Aggressive driving impacts a pereson’s ability to maneuver the vehicle in a calm, controlled manner.
Driving aggressively may be an example of a breached duty of care because it is unlikely to demonstrate an appropriate level of care for the circumstances. In a negligence case, the fact finder will compare the defendant’s conduct or failure to act with the actions of a reasonable person. In other words, if the accident occurred on a crowded highway, and the driver tailgated aggressively, weaving in and out of traffic at high speed, the fact finder would likely consider that a reasonable person would not operate their vehicle in this unsafe manner. This conduct would likely be deemed a breach of the duty to use reasonable care, avoiding foreseeable accidents.
In the context of a negligence claim, aggressive driving may be demonstrated in a variety of ways. Witness testimony, police reports, and other evidence may be relied upon to prove aggressive driving. After successfully showing the driver’s fault for causing the crash, the injured individual must make clear that the breached duty of care led to their injuries. Causation may be shown through evidence that the aggressive driver tailgated and then rear-ended the victim, and that the accident led to a serious spinal injury for the victim.
Finally, damages must be set forth by the injured individual. The damages in an aggressive driving accident case are financial compensation for all harm caused in the crash. In order to prove damages, the victim quantifies their accident-related costs, which typically include lost wages from work due to physical and emotional harm, medical costs for treatment, and property damage. Pain and suffering and loss of consortium are also damages that may be secured by a successful plaintiff in a negligence claim.Wrongful Death
If a victim is killed in an aggressive driving accident, their surviving family members may be able to bring a wrongful death claim against the defendant driver. Spouses and other relatives of the decedent can bring this type of claim, as well as survival actions in cases where the victim did not die immediately.Consult a Washington, D.C. Lawyer Regarding Your Car Accident Claim
Attorney Roger Gelb appreciates the sense of injustice that often follows a car crash, particularly one caused by an aggressive driving accident. The emotional aftermath and physical harm faced by people injured in a vehicle collision can prove overwhelming. At Gelb & Gelb, we are here to help you set forth a claim for maximum damages, including future costs that help you cover all anticipated expenses related to the accident. Attorney Gelb’s diligent representation has helped secure more than one hundred million dollars’ worth of compensation for accident victims throughout Washington, D.C, as well as Maryland and Virginia. To understand more about the specifics of your legal case, call our office today at (202) 331-7227 or fill out our online form.