What Happens When You Are Injured by an Aggressive Driver

We’ve all seen it on the road – an aggressive driver who seems to be exhibiting his frustration through his vehicle. Whether tailing too close, speeding, weaving in and out of traffic, driving aggressively or erratically, the driver is almost certain to eventually be involved in another auto accident. Just hope it is not with you.

When you see such a driver, the smartest thing to do is to get away from them. Change lanes or drop back. Let them have the last word and speed by. Do not get into an altercation with words, gestures, or dueling vehicles. You have no idea whether the driver is armed and willing to use a weapon.

What do you do if you are involved in an auto accident with an aggressive driver?

How you act at the time is the same as any auto accident, with a caveat. Do not engage with this person!  You already know they are on hyper alert and capable of anything. It is often best not to attempt to converse with them at all.

At the Scene

You should:

• See if you or anyone in the vehicle is injured.
• Call 9-1-1 if so and ask for medical help and for the police to show up.
• Retrieve your auto insurance and auto registration as police will ask you for it.
• See if there are any witnesses to what happened and get their contact information.
• Do not admit any fault to the other driver.

If you can have a rational conversation with the driver, ask for their insurance information, take their driver’s license number and the number of their vehicle tag in case they take off.

Take any photos you can with your cellphone or any camera you may have. You may have to be discrete if the other driver is still acting up.  

You will have to assess the situation, but if the other driver is still aggressive, it’s best to remain in your vehicle until the police arrive.

Alabama Law and Road Rage

Unlike other states, Alabama has a rule known as contributory negligence which can profoundly impact your auto accident claim.  It is not consumer-friendly, and an experienced auto accident attorney can best help you navigate its limitations.

The at-fault driver will try to blame you for the accident. 

In most states, who is at-fault for the auto accident is of less consequence. No-fault insurance laws mean each driver can be compensated from their own insurance company.  But in Alabama, the absence of no-fault insurance laws means if the other side can prove you contributed to the accident, even 1 percent, that can prevent you from receiving any compensation for your accident.

And in Alabama, you can believe that the insurer for the at-fault driver will do all they can to blame you and avoid paying the claims resulting from this auto accident.

Even if you don’t go to trial, the other side will use this rule to negotiate down your claim.  This is definitely the time when you need someone who understands how contributory negligence works and has experience deflecting this tactic to preserve the rights of their client.

Damages Following an Auto Accident

If you are injured in an auto accident by an aggressive driver, you probably have losses that need to be compensated. Maybe you have property damage or a totaled car.  You may have medical bills, follow-up therapy, and you may be out of work for a while to recover. You may even need surgery.

With the help of an experienced auto accident attorney, we can help you recover:

• Medical Bills
• Lost wages
• Replacement of your vehicle or damage repair
• Compensation if you are unable to return to work following your accident
• The cost of surgery and rehabilitative care

Attorney Chip Nix has seen aggressive drivers cause auto accidents too may times and believes there must be consequences, so others are not hurt. We all share the road and are expected to act with civility to keep everyone safe.

With over 40 years of experience, let Mr. Nix show you a way forward after your auto accident with an aggressive driver. Now is not the time to try and go it alone.  Call our Montgomery office at 334-203-6669 and we can meet in whatever way you are most comfortable.