Aggressive driving car accidents have become an every day occurrence. If you drive, you have likely observed aggressive drivers frequently. Our metro area roads and highways are not immune from aggressive driving auto crashes. That is why our state prohibits aggressive driving and makes it a crime to engage in this dangerous type of driving. Duluth auto injury lawyers at Scholle Law, support victims of personal injury due to aggressive driving. When you are the victim of an aggressive driver and have been seriously injured or a family member has lost his or life in these circumstances, you must have an advocate who can help you with every aspect of your recovery. Scholle Law is here to help you and your family through the legal and medical process.
The Official Code of Georgia Annotated section 40-6-397 provides that a person drives aggressively when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. This includes dangerous maneuvers such as: not staying in one’s lane, weaving, making unsafe lane changes, failing to warn of a turn or to failure to yield at an intersection. Any of these normal driving moves that are done with the intent to annoy, harass, molest, intimidate, injure of obstruct another person, can be determined to be aggressive. Further, “[a]ny person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature.”The auto injury lawyers in Duluth know that aggressive driving is the cause of serious accident and injury. To avoid aggressive drivers experts recommend that you:
- Get out of the way,
- Put pride aside,
- Avoid eye contact,
- Ignore gestures,
- Report serious aggressive driving to authorities.
If you are not able to stop an aggressive driver by taking these steps and if you are in an accident with such a driver, there is help.
This recovery in this type of auto crash might well include punitive damages when aggravating circumstances occur that would warrant the defendant be penalized, punished or deterred from the acts that caused the injury in the first instance. Depending on the facts of your aggressive driving car accident, punitive damages may be awarded under Official Code of Georgia Annotated section 51-12-5.1. This provision allows a punitive damage award when it is proven by clear and convincing evidence that the aggressive driver demonstrated “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” Aggressive driving might well rise to this level of aggravated circumstances.
After discussions with law enforcement and the judiciary, The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as when “an individual commits a combination of moving traffic offenses so as to endanger other persons or property.” The agency has guides, planners and information they provide to law enforcement professionals and prosecutors to assist in the reduction of aggressive driving.
Although aggressive driving is specifically prohibited in Georgia and is a crime, those injured or harmed by this dangerous activity can sue the offending driver in a civil action for the damages caused in an aggressive driving car accident. It is possible that the behavior of the defendant will rise to the level that would be appropriate for recovery of punitive damages.
As with every profession, lawyers differ in their ability and their experience. When you retain our founding lawyer Charles Scholle and the Scholle Law team, you are retaining lawyers who will fight as hard as anyone possibly could for you and your family in your aggressive driver auto accident. We will listen to you and your needs and we will explain what is happening in your case all along the way.
PLEASE CALL US NOW TO SCHEDULE YOUR FREE CONSULTATION REGARDING YOUR AGGRESSIVE DRIVER CAR ACCIDENT at 770-717-5100 or toll free at 866-972-5287.
When you hire Scholle Law, for your Duluth auto injury lawyers, your case will receive the close attention and personal commitment for which Charles Scholle and his staff are known. Their care and commitment to every client and every case is the reason why our reputation in the community, with our clients and with fellow lawyers, is so exemplary. That is why our founder Charles Scholle has the highest ratings for both ethics and skill. His peers know he is one of the best and rate him as a preeminent member of the Georgia bar.