There are too many aggressive drivers on Marietta roads. Aggressive driving is a genuine problem that causes severe accident injuries. If you or a loved one were victims in this type of accident, talk to a Marietta aggressive driving accident lawyer.
Our lawyers at John Foy & Associates can help. We’ve helped countless injury victims seek the recovery they deserve. We believe no one should pay for someone else’s negligent actions.
Contact us today for a FREE, no-risk consultation. Call us (404) 400-4000 or contact us online for your FREE consultation.
What to Know About Aggressive Driving in Marietta
Aggressive driving is a serious traffic offense in Marietta. According to Georgia Code Section 40-6-397, aggressive driving is operating a motor vehicle while intending to harass, annoy, intimidate, molest, injure, or obstruct someone else.
Aggressive driving can include behaviors like:
- Passing too closely
- Excessively speeding
- Driving in and out of lanes
- Running red lights
- Blocking other drivers from merging
Aggressive driving is incredibly negligent behavior. It’s also very dangerous for everyone on Marietta roads.
When aggressive driving escalates, it can become road rage. Road rage is a severe criminal offense. It can include brandishing a weapon or using a vehicle as a weapon.
If another driver is being aggressive, it’s best to leave them plenty of space. If an aggressive driver caused your accident, call the police and keep your distance. Do not risk your own well-being around a driver who is unpredictable.
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Four Steps to Proving Fault in a Marietta Aggressive Driving Accident
Negligence is key in any personal injury claim. When someone is negligent, they’ve failed to exercise reasonable care (Georgia Code Section 51-1-2). If another driver in an accident is negligent, they are liable for the damages.
As the injured party in an accident, you must file a claim for compensation. Your injury claim will need to show how the other driver is at fault. There are four elements to proving fault and liability:
- The driver owed you a duty of care.
- The driver violated their duty of care.
- The violated duty directly caused your accident.
- You have damages because of the accident.
In other words, the driver must have been careless. Their carelessness must have directly caused your accident. Finally, you must have suffered damages because of the accident.
Aggressive driving is certainly a form of negligence. An aggressive driver is not exercising care when they drive recklessly on the road. Instead, they’re putting everyone in danger.
You’ll need to gather evidence of the driver acting aggressively. If you can show that their behavior happened before your accident, it will help your case. Thankfully, a Marietta aggressive driving accident lawyer can help investigate and much more.
How an Aggressive Driving Accident Lawyer Helps
When you contact a lawyer, they will ask questions about your situation. If the lawyer thinks you have a case, they’ll discuss your legal options with you. After you hire the lawyer, they’ll begin working on your injury claim.
An experienced lawyer can help your case by:
- Gathering evidence of the accident,
- Showing how the other driver was at fault,
- Compiling evidence of your damages,
- Calculating what a fair settlement should be for you,
- Negotiating with the insurance company, and
- Working to get you the fullest compensation possible.
The other driver’s insurance company will try to pay less than you deserve. It’s best to have your lawyer handle all communication with the insurer. If you get a lowball settlement, your lawyer can handle negotiations.
If all goes well, you can get a fair settlement offer to cover your accident damages. If you end up needing to file a lawsuit, your Marietta lawyer can help with that too.
Partial Fault in an Aggressive Driving Accident
Sometimes, more than one party is at fault for a car accident. In Georgia, you can still recover damages if you are less than 50% at fault (Georgia Code Section 51-12-33). This is good news for injury victims who were partially at fault.
Chances are high that you hold no fault in your crash. However, if you do, you still have options. Be careful to never admit any blame or apologize without speaking to a lawyer. Even if you think you are partially at fault, discussing it can hurt your case.
Marietta Aggressive Driving Accident Injuries
Any car accident can cause severe injuries. But aggressive driving accidents tend to be especially terrible. Aggressive driving crashes often happen at high speeds that increase damages.
Injuries we often see in aggressive driving accidents include:
- Broken bones
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Internal organ damage
These injuries can affect many areas of a victim’s life. You might have injuries that prevent you from working for a long time. If you’re now disabled, you might have to take on lower-paying work.
Available Damages in an Aggressive Driving Accident Claim
Before filing a personal injury claim, talk to your lawyer about damages. You’ll need to know the full value of your damages like:
- Medical bills
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
If you have severe injuries, wait until you’ve received all of your treatment. Otherwise, you might have additional costs later that your case doesn’t cover. Your Marietta lawyer will know how to calculate each of your costs.
Pain and suffering damages are harder to calculate. Your lawyer can use a formula to determine the value of these losses.
Talk to a Marietta Aggressive Driving Accident Lawyer for Free Today
Aggressive driving accidents are overwhelming and frustrating. You probably have significant accident damages, painful injuries, and more. But you should not have to pay for the other driver’s negligence.
At John Foy & Associates, we have the experience and knowledge to help you. With over 20 years of experience, we know what it takes to win cases. Plus, there is no charge to you unless we win you compensation.
To get a FREE consultation today, call (404) 400-4000, or contact us online. We are available 24 hours a day, seven days a week to take your call.