Being involved in a car accident in NYC can be a stressful experience. But being involved in a road rage accident can be more stressful than the rest. The aggressive and reckless actions of the other motorist involved may force you to deal with injuries, emotional distress, and the uncertainty about your legal rights. As your car accident lawyer in Brooklyn, Gabriel Law understands how complicated dealing with road rage accidents can be. This post will show you how to protect your rights, use evidence to strengthen your case, and pursue the compensation you deserve.
What counts as a road rage accident?
We can describe road rage as aggressive, violent, or hostile behavior by a driver that goes beyond mere traffic violations, intended to intimidate or endanger other drivers, pedestrians, or cyclists. Examples of conduct that can be considered under road rage include:
- Tailgating
- Brake checking
- Aggressive gestures/verbal abuse
- Throwing objects towards moving vehicles
- Aggressive lane changes (cutting-off)
- Unnecessary and aggressive use of headlights or high beams
What are the immediate steps you need to take after a road rage accident?
In the event you are involved in a road rage accident, here are the steps you need to take to protect yourself and your ability to seek compensation for losses.
- Call 911 and inform law enforcement authorities about the accident.
- If injured, receive immediate medical attention. Get yourself checked even if the injury is small or when there aren’t any signs of injury.
- Get to a safe location, but do not leave the scene of the accident.
- Gather evidence and document the scene of the accident.
- Do not get into a confrontation with the other driver.
- Do not apologize for anything connected to the accident.
- Do not make any recorded statements about the accident.
- Contact your car accident lawyer in Manhattan to understand your rights and liabilities.
- Contact your insurance company and initiate the claims process.
What evidence can strengthen your case?
In road rage accidents, presenting the following evidence can firmly shift the balance of the case in your favor:
- Video evidence—Dashcam footage, traffic cam footage, and even CCTV footage from nearby buildings can be used as crucial evidence to show the other driver’s erratic behavior.
- Police report and criminal charges—You can use these documents to show that the driver at fault was cited or charged for reckless driving.
- Witness testimony—By presenting the accounts of other motorists and pedestrians, you can boost the credibility of your story when it matches with the accounts of others.
- Medical records and documents—Medical scans, doctor’s notes, prescriptions, and medical bills can be used to prove the extent and severity of the injuries suffered.
- Proof of aggression – If you’re able to capture the behavior of the at-fault driver, such as verbal threats, obscene gestures, and dangerous driving, it can be used as a clear demonstration of road rage.
How can you recover compensation after a road rage accident?
When you’re injured in a road rage accident, you can claim compensation up to $50,000 for your medical expenses, lost income, and other related expenses through your Personal Injury Protection (PIP) coverage. Since New York is a no-fault state, this compensation is awarded regardless of your fault in the accident.
However, if you want to go beyond the no-fault benefits, you need to file a personal injury lawsuit. However, you’re only allowed to file a lawsuit if you can prove that you’ve suffered a basic economic loss that exceeded $50,000 or that you’ve suffered a “serious injury” as defined in Section 5102 (d). If successful, you can claim compensation for both the economic and non-economic damages suffered in the accident.
How can a car accident lawyer in NYC help?
When dealing with an emotionally charged affair such as a road rage accident, you need a car accident lawyer in the Bronx to help protect your rights, hold the guilty accountable, and get you the compensation you deserve. When you call on a lawyer, they can:
- Look at the facts of the case and explain your legal options.
- Set your expectations on compensation.
- Collect evidence and build a strong and compelling case.
- Determine a value for the damages suffered and take steps to maximize the compensation.
- Handle all the documentation and make timely submissions before deadlines.
- Negotiate with insurance companies to achieve a fair settlement.
- Represent you in court and fight for your case.
Conclusion
Surviving a road rage accident can leave you shaken and bruised and unsure what to do next. From documenting the scene to seeking medical attention, avoiding confrontations, and preserving evidence, taking the right steps after the accident can help strengthen your claim and help you get the compensation you deserve.
If you’ve been involved in a road rage accident in NYC, you don’t have to face the challenge alone. Get in touch with us at Gabriel Law and schedule a free consultation with one of our New York City auto accident attorneys. We will help you understand your rights, set expectations, build your case, and fight for the compensation you deserve.
