Were you the victim of an accident caused by another driver in a fit of road rage? Are you in pain, dealing with mounting medical bills, and wondering if and when you’ll be able to return to work? If so, know that the law is on your side. When a road rage driver causes an accident, they are responsible for fully compensating you for your losses.
At Litster Frost, we hold road rage drivers accountable. Our firm is dedicated to helping accident victims recover whether that’s from an insurance company that doesn’t want to pay on their policy or directly from the driver who caused the accident. As your legal representation, we’re the only entity you can count on to put your best interests above all else following an accident. To get a neutral evaluation of the insurance company’s settlement offer and what you may be able to claim, schedule a consultation now.
What’s Different About Road Rage Accidents?
A road rage accident claim is largely similar to any other accident claim. You will need to prove that the other driver’s actions caused the accident, that it caused you harm, and how much money the harm you suffered is worth. There are, however, a few things that can make proving a road rage accident harder than a standard auto accident claim.
If You Left the Scene
A road rage incident can be terrifying, and it’s not uncommon for road rage victims to feel unsafe staying at the scene with the road rager. In a normal accident, fleeing the scene can be seen as a sign of guilt, and the road rager may try to use this fact against you. However, as long as you acted reasonably, such as by immediately calling the police and driving to a safe location, the fact that you left the scene should not harm your claim.
If the Other Driver Left the Scene
On the other hand, the fact that the road rage driver fled the scene of the accident is something you can use to show that they knew they did something wrong.
A problem could arise however if you weren’t able to identify the driver before he or she left. If you were able to get a license plate number or even a partial license plate number, the police may be able to help you. Otherwise, it may be possible to find witnesses or video footage that can help track the driver down.
Road rage accidents frequently involve no contact. For example, if a road rager swerved at you or suddenly stopped in front of you, you may have taken evasive action and crashed into another car or a tree. The fact that there was no contact does not mean that the road rage driver is not responsible for the accident, although these types of crashes can take additional work to prove.
Your Driving Angered the Road Rage Driver
A driver accused of road rage will often try to shift the blame. Even if you did make a mistake and did something unsafe or illegal, you are not at fault if that’s not what caused the accident. For example, if you cut someone off and a full minute later they intentionally ram into your rear end, they are fully responsible for the accident.
Get Help From an Accident Lawyer
Because of the blame-shifting and other difficulties in proving a road rage accident, it’s important that you work with an experienced auto accident attorney. Whether you’re having trouble with the insurance company or need to recover directly from the other driver, we will protect your rights. Call us today to schedule a free consultation to find out what compensation you may be able to receive at (208) 333-3333. Litster Frost Injury Lawyers, a Boise based law team can work with you anywhere in Idaho.
Your Rights After a Road Rage Accident:
When you’re injured in a road rage accident, being entitled to full compensation means that you have the right to be reimbursed for all of the financial harm the accident caused you. This includes the following:
- Lost wages.
- Medical care.
- Emergency medical transportation.
- Any long-term treatment needed.
- Disabilities whether temporary, long-term, or permanent.
You may have the right to recover from the road rage driver, their insurance company, or your own insurance company. Further, if the insurance policy says that it covers something, you have the right to have the insurance company honor that contract.
Know your rights in regard to insurance companies:
- You have the right to reject any settlement offer.
- The insurance company’s decision is not final and binding. You have the right to contest it and to take them to court if they refuse to change it.
- You have the right to propose a settlement offer you believe is fair based on what you’ve lost.
- You alone have the right to make the final decision whether to take an offer, keep negotiating, or take your case to trial.
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Comparative Negligence Rule
COMPARATIVE NEGLIGENCE RULE
Idaho follows the comparative negligence rule, which means that a court will look at both parties’ actions and level of fault in the case of a motorcycle accident.
Even if you were both driving irresponsibly, if the other driver was driving more carelessly, then you may still have a case. It’s important to recognize, however, that any fault on your part will limit the amount of damages which you can receive.
SEE IF YOU HAVE A CASE IMMEDIATELY:
To schedule a consultation about your accident, call our office at (208) 333-3333 or fill out your case evaluation form now.