Practice Areas Car Accidents Aggressive Driving Accidents

Boca Raton Lawyers Representing Car Crash Victims

Aggressive driving puts other people at risk of harm and shows a disregard for vehicle rules and regulations. According to Florida law, aggressive driving involves two or more illegal driving actions at the same time or following each other. Some of the more common aggressive driving maneuvers include tailgating, weaving between vehicles, excessive speeding, and ignoring stop signs. At The Grife Law Firm, our Boca Raton car accident lawyers represent individuals throughout South Florida who are dealing with the devastating aftermath of aggressive driving accidents.

Hold Aggressive Drivers Accountable for Their Reckless Conduct

Accident victims are entitled to hold aggressive drivers legally responsible when they cause a collision and resulting harm. Individuals injured by an aggressive driver may file a negligence claim to recover damages. To succeed in a negligence claim, the victim must show that the driver failed to operate their vehicle with reasonable care under the circumstances. This breached duty of care must have directly caused the accident and the resulting injuries.

Victims who suffer permanent injuries can pursue a personal injury claim against an aggressive driver in order to secure compensation. Specifically, an injured plaintiff can seek non-economic damages, such as emotional pain and suffering, by filing a claim against the at-fault party.

Florida Statute 627.737(2) defines a permanent injury as a permanent and significant loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, or significant and permanent scarring. Death is also considered a permanent injury according to the law, and aggressive driving may lead to the loss of a loved one. A wrongful death claim may be appropriate if a family member died as a result of someone’s negligent or reckless driving.

In order to show that an at-fault driver negligently operated their vehicle and caused an accident, the plaintiff’s attorney must present evidence that shows a breached duty of care. Aggressive driving is specifically prohibited by Florida law. Florida Statutes § 316.1923 lists behaviors of which any combination can constitute aggressive driving: speeding, unsafely changing lanes, tailgating or following another vehicle too closely, failing to yield, improperly passing, or violating traffic control and signal devices. For example, a driver who is both speeding and weaving between lanes may be found to have violated this law.

If a driver who caused an accident has been cited for aggressive driving, this may be persuasive evidence of their negligent or reckless conduct. However, this violation may not establish liability by itself. An experienced car accident attorney can assess all of the circumstances surrounding the accident, even if the driver has not been cited for their aggressive driving conduct. Other supporting evidence may include a police report from the scene of the accident, as well as witness testimony.

Damages in Aggressive Driving Cases

After demonstrating fault in a personal injury claim, the next step is to set forth a detailed account of the resulting damages. Aggressive driving accidents can have devastating consequences. The monetary compensation available to successful plaintiffs in a personal injury claim includes economic and non-economic damages.

Economic costs in a car accident claim may include medical and hospital bills, medications, and physical therapy costs. Additionally, missed wages from work and reduced earning capacity can be proved through careful documentation. Non-economic damages are those that cover the emotional harm and suffering resulting from the accident. While these can be more challenging to quantify, they are equally important and relevant to an injured individual’s full compensation.