Aggressive driving and road rage are behaviors that significantly increase the risk of accidents. While these terms are sometimes used interchangeably, neither term explicitly appears in Texas statutes.
Some states do have separate aggressive driving and reckless driving statutes. In those places, drivers must often perform more than one reckless driving behavior to be charged with aggressive driving. Texas combines all these behaviors into reckless driving (Texas Transportation Code § 545.401). Some of the driving behaviors that can qualify as reckless include:
- Tailgating
- Speeding
- Unsafe lane changes
- Running red lights
Reckless driving is technically a misdemeanor, but perpetrators can possibly face jail time in addition to fines and DMV penalties.
Although road rage isn’t explicitly defined in Texas statutes, it’s broadly understood to be verbal, physical or vehicular altercations stemming from perceived slights, frustration or anger at another driver’s actions.
Road rage can stem from reckless driving or lead people to drive recklessly—or potentially both. While yelling at people or using rude gestures is not illegal (unless it rises to the level of an imminent threat, disorderly conduct or harassment), this opening salvo of aggression often escalates into behaviors such as:
- Hitting another vehicle
- Threatening other drivers
- Getting out of one’s vehicle to participate in a physical altercation
- Brandishing or using a weapon
These actions can qualify as assault (Texas Penal Code § 22.01), but could also rise to the level of deadly conduct (Texas Penal Code § 22.05).
Imminent threats of harm, physical violence or causing intentional harm can lead to assault charges, while attempting to run someone off the road or brandishing a weapon at them could constitute deadly conduct.
The exact charges you could face after a road rage incident will be largely dependent on the actions you took.
How Does Road Rage Impact Personal Injury Cases?
When road rage altercations lead to car crashes and/or injuries, the criminal behavior of the parties involved can have significant implications for personal injury claims:
- Negligence Per Se: Violating traffic laws, such as reckless driving, can establish negligence per se in a personal injury case. This essentially means the injured party only needs to prove that the violation caused the accident and their injuries.
- Intentional Acts and Liability: In cases of road rage where the driver’s actions were intentional, it opens the door to punitive damages in addition to compensation for medical bills, lost wages and pain and suffering. These damages are intended to punish the at-fault driver for their extreme behavior and discourage them from similar behavior in the future.
- Insurance Complications: While insurance policies typically cover negligence, they may not cover intentional acts, such as purposefully striking another vehicle with your car or truck. This can complicate claims for the injured driver, who may need to pursue compensation directly from the at-fault driver.
In scenarios where both drivers engage in actions that rise to the level of assault or other criminal conduct, fault determination can become more complex. Each driver’s conduct must be carefully evaluated to determine liability. Comparative fault may come into play, potentially reducing the damages recoverable by each party depending on their respective actions.
When Intentional Acts Complicate Insurance Claims
Intentional acts like ramming another vehicle in a road rage incident can create significant challenges for the injured party. The at-fault driver’s insurer might refuse to pay for vehicle damage or injuries caused by intentional actions, leaving the victim to pursue compensation directly from the driver.
This situation can be especially difficult if the at-fault driver lacks sufficient personal assets to cover medical bills, vehicle repairs and other losses. While irresponsible or risky behavior doesn’t guarantee financial instability, it is often the case that individuals who demonstrate poor self-control on the road may also struggle with managing their finances.
In these cases, a personal injury attorney may be able to help you identify alternative financing options to cover the cost of medical bills, repair costs or vehicle replacement. A lawyer may be able to identify other liable parties or look for ways in which the incident could still be qualified as negligence rather than intentional harm.
Uninsured Motorist Coverage and Collision Coverage
UM/UIM policies are often not bound by the same exclusions as liability policies, meaning they may cover damages caused by the intentional acts of others in scenarios where the person who caused your damages or injuries is unable to pay.
Alternatively, collision coverage pays for vehicle repairs regardless of who was at fault. This can potentially apply to road rage incidents as well. You may still need to pay your deductible, and your insurance premiums may increase, but your collision coverage, if you have it, will likely pay.
Get Experienced Representation After Being in a Road Rage Accident
Houston drivers facing insurance challenges after a road rage incident can call the Weycer Law Firm for a free case evaluation. We can help you understand your options and attempt to pursue compensation from the at-fault party. Call us at (713) 668-4545 to get started.
