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Unfortunate as it may be, Boston has a strong reputation for aggressive drivers that isn’t entirely without reason. According to Allstate’s America’s Best Drivers report, Boston consistently ranks poorly and has done so for years now. While this is a deep-rooted issue that will take some time to fix, it’s important to know how you should handle it now.
Aggressive driving laws are enacted at a state level, but are typically consistent when defining what aggressive driving is: operation of a motor vehicle with disregard to the safety of oneself and others.
This includes behaviors like speeding, brake checks, cutting other drivers off, and running red lights. Aggressive drivers are fast and unpredictable, making it difficult for other drivers to react in time to avoid an accident.
In your time as a driver, you’ve probably heard the term “road rage” used alongside or interchangeably with aggressive driving. While the two are similar, they have a few distinctions that are worth keeping in mind. Aggressive driving may be done out of spite or anger, but aggressive drivers rarely intend to hurt or kill other motorists.
Road rage, on the other hand, is much more severe. In addition to the erratic behaviors of aggressive drivers, road ragers may intentionally hit other motorists, brandish weapons, or even discharge firearms into other cars with the intent to harm or kill.
Most penalties for aggressive driving and road rage are covered by the specific laws they violate like reckless driving and assault laws. Most aggressive driving incidents will result in misdemeanor charges like reckless operation, which carry hefty fines and potential jail time.
Road rage will usually fall into the same category, but if it escalates far enough, it can enter felony territory with charges like aggravated assault or even murder.
While it’s important to talk about how to handle aggressive driving accidents, it’s better to take preventative measures that stop accidents from happening entirely. While there’s no way to guarantee an accident won’t occur, there are plenty of ways to defuse aggressive driving and road rage situations that you should know before setting out on the road.
First of all, don’t respond to aggressive behaviors from other drivers. Doing so will cause them to escalate the situation which increases the likelihood of a crash. In addition, responding to their reckless behaviors with reckless behaviors of your own makes it much more difficult for you to receive compensation after a car accident.
While nobody wants to imagine themselves as aggressive drivers, many Americans fall into aggressive driving patterns without realizing it. Be sure to follow all Boston traffic laws and give other drivers plenty of space to avoid causing any unnecessary anger.
If you find yourself in an aggressive driving or road rage situation, the best thing to do is get out as soon as possible. Once you’ve broken contact with an aggressive driver, they’ll usually give up and continue as normal.
Try changing lanes to let them pass, turning onto a different road if possible or even pulling into a parking lot to give them a bit of extra ground. For most aggressive drivers, continuing to be aggressive while you’re trying to disengage isn’t worth the effort.
If disengaging doesn’t work, though, have a passenger call 911. Some aggressive drivers can become dead-set on getting back at any perceived wrongs and will try to follow you until they do.
It goes without saying that being followed by an angry stranger is a nerve-wracking and dangerous situation to be in, so calling 911 gives you an extra measure of safety in case the aggressive driver is planning to do something drastic.
If you get in an accident with an aggressive driver, you may need to take a few more precautions than you would with a normal accident. First of all, try to pull off to the side of the road if your car is in good enough shape to do so.
If the other driver still seems aggressive, don’t leave your car, as they may attempt to attack you. Instead, call emergency services and wait for help to arrive before getting out to exchange information. As we mentioned earlier, you shouldn’t engage with their aggression or try to match it, as this can very quickly cause the situation to turn violent.
Once emergency services arrive, exchange information with the other driver, file a police report, and seek medical attention, then get in touch with an injury lawyer as soon as possible.
In Massachusetts, fault is divided by percentage among all parties involved in an accident. Reckless driving typically leads to a high level of fault being assigned, so the aggressor in the situation is usually found at fault. If they’re found to hold at least 51% of the fault, they’ll have to pay for all property damage and medical expenses associated with the accident.
This is why it’s important to not respond to aggressive drivers with more aggression. If you’re both acting recklessly, it makes it more difficult to determine who is primarily responsible for the accident and decreases your likelihood of being compensated for the damages incurred.
That said, how does the compensation process work in an aggressive driving accident? Shortly after the accident, you’ll need to file an insurance report regarding the accident.
The police report you filed earlier will come in handy here, as it provides an objective record of what happened that many insurance companies regard as more trustworthy than testimonies from the parties involved.
Assuming all goes well and you aren’t found responsible for the damages, the responsible party’s insurance should pay out your claim. However, it’s a complicated process that most insurance companies will fight every step of the way, so it’s good to have an attorney on hand in case they need to get involved.
Your attorney can guide you through the claims process to ensure that you’re duly compensated for the accident.
If an attorney gets involved, they’ll typically try to settle out of court first, as this is a much simpler option with less bureaucratic strings attached. If the insurance company resists this, however, they may file a lawsuit to settle the matter in court.
To get the compensation you deserve, you have to hire the right legal team. Fortunately for you, we at Sweeney Merrigan Personal Injury Lawyers are just the right fit for the job. Schedule a free consultation with us today and we’ll see how we can help you.