Unlike regular car accidents, a road rage car accident involves a driver making a conscious choice to endanger others. When a driver deliberately causes harm, a York, SC car accident lawyer can help you hold the responsible party accountable.
In South Carolina, reckless driving is a criminal offense, and a conviction can be powerful evidence in a civil personal injury claim. However, proving liability in aggressive-driving accidents requires a prompt, thorough investigation of the scene.
In York, our legal team works to secure vital evidence, including dashcam footage, eyewitness accounts from other motorists, and police reports documenting aggressive behavior. Identifying these factors early is necessary to build a strong case for the full compensation you deserve.
What Is Considered Aggressive Driving or Road Rage in South Carolina?
In South Carolina, aggressive driving refers to operating a vehicle in a manner that endangers other road users. For example, speeding, tailgating, running red lights, and changing lanes without signaling. Drivers may also engage in unsafe behaviors or threats, such as cutting off other cars, blocking lanes to prevent others from passing, yelling, or making obscene gestures.
Under South Carolina law, road rage accidents can result in serious criminal charges, such as assault and battery or reckless driving. If you’ve been involved in a road rage car accident, you should contact a York, SC car accident lawyer who can help navigate the legal implications.
Common Injuries Caused by Aggressive Driving Accidents
Aggressive driving accidents often result in severe injuries. Some common injuries include:
1. Whiplash and Neck Injuries
Whiplash injuries often lead to neck pain, stiffness, headaches, and, in some cases, long-term complications such as chronic pain or limited range of motion.
2. Traumatic Brain Injuries (TBI)
Concussions or TBIs can occur when a person’s head strikes an object, like the dashboard or steering wheel, during a collision. TBI can have lasting effects on cognitive function, memory, and motor skills, requiring extensive treatment and rehabilitation.
3. Spinal Cord Injuries
Spinal cord injuries are among the most serious, potentially leading to partial or total paralysis. A severe collision may cause damage to the vertebrae, discs, or nerves in the spine, affecting movement and sensation.
4. Broken Bones
The force of an aggressive driving accident can lead to fractures, especially in the arms, legs, ribs, or face. Broken bones may require surgery, casts, or prolonged recovery. In some cases, fractures can lead to permanent disability or mobility issues.
5. Internal Injuries
The force of a violent crash can damage internal organs like the liver, kidneys, or lungs, requiring immediate medical attention. Internal bleeding may not always be visible, so seeking medical care after a crash is essential.
6. Cuts, Bruises, and Lacerations
Shattered glass, debris from the crash, or the force of the collision itself can cause cuts and lacerations. While these injuries may seem minor, they can still lead to infections, permanent scarring, and pain.
How Fault Is Determined in a Road Rage Collision
In South Carolina, determining fault in a road-rage case involves proving that the other driver violated state safety laws. Police reports often serve as the primary evidence. If an officer cited the other driver for reckless driving under S.C. Code § 56-5-2920 or following too closely under S.C. Code § 56-5-1930, that citation helps establish negligence.
Eyewitness accounts and video footage are also vital. Because road rage often involves visible displays of anger or erratic movements, testimony from other drivers can confirm the defendant’s intent. Dashcam video or nearby business security feeds can show the aggressive patterns that led to the crash.
South Carolina uses a modified comparative negligence rule. This means you can still recover compensation even if you were partially at fault, provided your responsibility is 50% or less. If the other driver’s aggressive behavior was the main cause of the accident, they will be held liable for your damages.
Can You Sue for Punitive Damages in a Road Rage Case?
In many car accident cases, victims seek compensatory damages. In cases involving road rage, you may be eligible for punitive damages.
According to S.C. Code § 15-32-520, punitive damages are intended to punish a defendant for conduct that is “reckless, willful, wanton, or malicious.” Because road rage involves an intentional disregard for safety, a jury may award these additional funds to deter the driver from repeating the behavior.
South Carolina usually limits punitive damages to three times your actual damages or $500,000, whichever is higher. These damages are not guaranteed and depend on the facts of your case. A York, SC car accident lawyer can help determine if punitive damages are an option based on the details of the accident.
Why You Need a York, SC Car Accident Lawyer After an Aggressive Driving Crash
After an aggressive driving crash, you are often dealing with more than just a standard insurance claim. Road rage incidents involve criminal elements, intentional misconduct, and complex evidence that standard adjusters may overlook or actively try to minimize. Here are reasons why you need a York car accident lawyer.
1. Investigating the Accident
Aggressive driving accidents require a thorough investigation to establish liability. A car accident lawyer will gather essential evidence, such as witness statements, traffic camera footage, and police reports. This evidence can help establish who is at fault and prove the other driver’s negligence or reckless behavior.
2. Negotiating with Insurance Companies
Insurance companies often try to minimize the amount they pay for claims. An attorney will advocate for your best interests, ensuring that you receive fair compensation for medical bills, lost wages, pain and suffering, and other damages.
3. Pursuing Punitive Damages
In cases where road rage or extreme recklessness is involved, a lawyer can help you pursue punitive damages. These are awarded in addition to regular compensation to punish the at-fault driver for their dangerous actions. Your lawyer will know how to build a strong case for punitive damages based on the severity of the other driver’s conduct.
4. Maximizing Your Compensation
Whether your injuries are minor or severe, an attorney can help you pursue the full range of damages you are entitled to, including compensation for medical expenses, rehabilitation, lost wages, and emotional distress. A lawyer will ensure that no potential source of compensation is overlooked.
Contact Our York, SC Car Accident Lawyer Today
If you or a loved one has been injured in a road rage car accident in York, SC, contact our York Car Accident Lawyer at Hunter | Everage. We will help you pursue justice and compensation for your injuries. Call us at 704-377-9157 to request a free consultation and let us guide you through the process.
