All drivers in Smyrna should respect others by driving carefully. Sadly, some motorists choose to drive aggressively on the road. If this driving behavior caused you injuries, you have rights. Talk to a Smyrna aggressive driving accident lawyer today.
Our lawyers at John Foy & Associates can help. We have over 20 years of experience helping accident victims. Call us today to learn your best legal options.
To schedule a FREE, no-risk consultation, call (404) 400-4000, or contact us online. We do not charge a fee unless we win you compensation.
The Definition of Aggressive Driving in Smyrna
According to Georgia Code Section 40-6-397, aggressive driving is when someone drives to “annoy, harass, molest, intimidate, injure, or obstruct another person.”
Aggressive driving is a deliberate action that can harm others. If an aggressive driver caused your accident, you will have damages. You can seek compensation through a personal injury claim.
Types of Aggressive Driving
Someone can engage in aggressive driving by:
- Overtaking or passing incorrectly
- Improper lane changes
- Following too closely
- Failing to signal
- Driving too slowly
- Driving recklessly
Turning improperly, using the wrong lane, and weaving in and out of traffic can also mean aggressive driving. Many drivers become reckless when they are drinking and driving.
Sadly, drunk driving is involved in 23% of accident deaths in Georgia, according to the National Highway Traffic Safety Administration (NHTSA). The state is in the top five for alcohol-related accident deaths.
If an aggressive driver injured you, talk to John Foy & Associates. We can help you pursue the financial recovery you deserve. Call (404) 400-4000 or contact us online for a FREE consultation.
How an Aggressive Driving Accident Case Works in Smyrna
Aggressive driving accidents can be very severe. Victims often end up in the hospital with life-threatening injuries. At the same time, you’ll have lost wages, vehicle damage, and more.
When a driver is at fault for a crash, their insurance company should cover the damages. You can file a personal injury claim with the aggressive driver’s insurer. However, insurance companies do not make the process easy.
The insurance company will know that you’re desperate for money. They know how to use a victim’s urgency against them after an accident. You can protect yourself by hiring an experienced lawyer.
Dealing with the Insurance Company
The insurance company will look for ways to pay you less. They might undervalue your damages and offer you a lowball settlement. If you accept any payment, you’ll forfeit your chance to get more.
You must know the value of your total costs. An experienced lawyer can help determine the worth of your case. Insurance companies are also more likely to offer good payout if you have a lawyer.
Your lawyer can build your case by:
- Investigating how the aggressive driving accident happened
- Gathering evidence of your accident damages
- Determining the full value of your costs
If the insurance company offers a lowball, your lawyer will negotiate. They’ll work to get a fair settlement offer for your damages. If the insurance company doesn’t settle fairly, your lawyer can help you file a lawsuit.
Most auto accident cases do not go to trial. If your lawyer is successful, you’ll get a settlement offer that covers your losses. However, an experienced lawyer will be ready to take your case to court if necessary.
Aggressive Driving Accident Damages in Smyrna
Personal injury claims depend on negligence. Under Georgia law, negligence is a lack of reasonable care. If a driver is not careful enough, they are guilty of being negligent.
Aggressive driving is negligent behavior. If an aggressive driver causes your accident, they are responsible for your damages like:
- Medical costs
- Lost income
- Vehicle damage
- Pain and suffering
If the driver’s behavior is malicious or wanton, you could be entitled to punitive damages. Talk to your lawyer about seeking these types of injuries.
Penalties for Aggressive Driving in Smyrna
If the courts convict someone of aggressive driving, it’s a misdemeanor of a high and aggravated nature in Georgia. The penalties for this charge can include:
- Up to $5,000 in fines
- Up to 12 months in jail
- Or both
An aggressive driving conviction will also add six points to the driver’s license. If a driver accumulates enough points, they’ll fact a suspended license.
Aggressive driving is a relatively new offense in Georgia. Sometimes, a driver will receive a reckless driving charge instead. If the driver gets any charge after the accident, it can help your case.
An aggressive driving charge helps prove that the other driver was negligent. The insurance company will have a lot more trouble downplaying the accident or trying to blame you. Your lawyer can use the case information to support your claim.
Aggressive Driving vs. Road Rage
Aggressive driving can quickly turn into road rage on Smyrna roads. Although some people use the two terms interchangeably, they mean different things:
- Aggressive driving is a traffic offense in Georgia.
- Road rage is a criminal offense in Georgia.
When someone is engaging in road rage, they’re using their car as a weapon. Road rage can include brandishing a weapon, bumping against another car, or chasing other vehicles.
If you think your accident involved road rage, contact a lawyer right away. Your lawyer will begin building your case to show what occurred. You should not have to pay for the other driver’s negligence or criminal behavior.
Talk to a Smyrna Aggressive Driving Accident Lawyer for Free Today
After an aggressive driving accident, you have options. Talk to a Smyrna aggressive driving accident lawyer as soon as you can. You must know your compensation rights after the crash.
At John Foy & Associates, we bring over 20 years of experience to the table. Our lawyers are not afraid to stand up to the insurance companies and fight for your rights. Plus, we do not charge a fee unless we win your case.
To schedule a FREE, no-risk consultation, call (404) 400-4000, or contact us online. We are available 24 hours a day, seven days a week, to take your call.