Road Rage and Auto Accidents

If you have been injured in an accident where road rage was a factor, you need to contact an attorney immediately. Road rage is not tolerated in California even though a significant percentage of drivers admit experiencing road rage on a consistent basis. It is not difficult to understand how a driver can be consumed with road rage — simply drive down one of our busy highways or interstates during rush hour traffic.

Every driver seems to be in a competition with everyone else on the road to get to ahead of the other cars and “beat them” to their destination. Gridlock, frustrated drivers, rude and offensive drivers and rushed drivers combine to create the perfect storm where road rage can flare in a split second.

Under California Vehicle Code Section 13210, if the driver of a car uses that car to injury another person, in addition to the charges of Assault with a Deadly Weapon, the person may also lose his or her driver’s license for six months. For a second road rage incident, the defendant can lose his or her driver’s license for one year. The court may also order a person convicted of road rage to complete a “Road Rage” course or anger management course.

While there may not be a specific California law for road rage, road rage may be charged as part of or as several different types of crimes including:

• Aggravated Assault or Assault with a Deadly Weapon under California Penal Code 245(a) (1) – This occurs when a driver runs another driver off the road or runs a bicyclist or pedestrian down.

• Assault or Simple Assault under California Penal Code 240 – An example would be when a driver threatens another driver to run the car into oncoming traffic or another dangerous obstacle.

• Battery under California Penal Code 242 – This is used when a driver jumps out of the car and physically assaults another driver.

• Hit and Run under California Vehicle Code sections 2001 and 2002 – A driver may ram into the back of another vehicle out of rage and then speed away.

• Criminal Treats under California Penal Code 422 – This occurs in cases where drivers pull up beside another car and threatens to kill the other driver.

• Reckless Driving as defined by California Vehicle Code 23103 and 23104 – Examples would be a driver exceeding 100 mph, intentional swerving, tailgating, etc.

Any vehicle accident in California is tragic; however, when road rage is a factor, you need an experienced personal injury attorney who knows how to use this element to maximize the amount of compensation you will receive for your injuries. Attorneys with experience in road rage cases are able to determine under which laws the defendant may be guilty of road rage.