Aggressive driving and road rage are serious problems on South Carolina roads. These dangerous behaviors can lead to severe crashes, catastrophic injuries, and even fatalities. If you were injured in aggressive driving accidents or road rage accidents, you may be wondering who is legally responsible for your injuries. Here, our Greenville car accident lawyers explain how liability works in these cases and what victims need to know under South Carolina law.
What Is Aggressive Driving?
Aggressive driving generally refers to dangerous driving behavior that puts others at risk. This can include speeding, tailgating, unsafe lane changes, running red lights, and brake checking. While South Carolina does not have a specific statute labeled “aggressive driving,” these behaviors are often prosecuted under reckless driving laws. Under South Carolina Code § 56-5-2920, reckless driving is defined as driving a vehicle “in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property.”
Aggressive driving often falls under this reckless driving statute. Common examples of aggressive driving include:
- Tailgating
- Speeding
- Cutting off other drivers
- Running stop signs or red lights
- Unsafe lane changes
- Brake checking
- Passing illegally
- Driving on the shoulder
These behaviors significantly increase the risk of serious accidents.
What Is Road Rage?
Many people confuse aggressive driving with road rage, but they are not exactly the same. Aggressive driving is usually a traffic violation, while road rage may involve intentional or violent behavior. Road rage is generally defined as aggressive or violent behavior caused by anger toward another driver, such as:
- Following another driver
- Attempting to force another vehicle off the road
- Throwing objects
- Physical confrontation
- Intentional collisions
- Displaying a weapon
- Threatening another driver
In South Carolina, there is no specific road rage statute, but road rage behavior may result in criminal charges such as reckless driving, assault, or even weapons charges depending on the circumstances.
Who Is Liable in Aggressive Driving Accidents?
In most aggressive driving accidents, liability is based on negligence. South Carolina is a fault-based car accident state, meaning the driver who caused the accident is responsible for damages. If an aggressive driver causes a crash, they may be held liable for:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability
- Wrongful death damages
South Carolina also follows a modified comparative negligence rule, meaning an injured person can still recover compensation if they were partially at fault, as long as they were not more than 50% responsible for the accident. For example, if an aggressive driver was speeding and tailgating and caused a crash, they would likely be considered primarily at fault.
Liability in Road Rage Accidents
A road rage accident may involve intentional conduct rather than simple negligence. This can change how liability works in a personal injury case. Most car accident cases are based on negligence, but road rage cases may involve intentional misconduct. This can allow injury victims to pursue punitive damages, which are meant to punish especially dangerous or intentional behavior. To be sure, if another driver demonstrated intent in hitting your vehicle, forced you off the road, threw objects at your vehicle, or performed one of the myriad other actions indicative of road rage, this could be evidence highlighting their liability in any subsequent personal injury case, through which you may be able to pursue compensation to recover for any damages you suffered.
Illegal Driving Behaviors That Often Cause Aggressive Driving Accidents
Many aggressive driving accidents involve clear traffic law violations. When drivers engage in illegal or dangerous behaviors, they significantly increase the risk of causing a serious crash. In many cases, these traffic violations also serve as important evidence when determining liability after an accident.
Some of the most common illegal driving behaviors associated with aggressive driving accidents include reckless driving, excessive speeding, unsafe lane changes, failure to yield, running red lights or stop signs, street racing, and hit-and-run accidents. These actions demonstrate a disregard for traffic laws and the safety of others on the road.
For example, excessive speeding reduces a driver’s reaction time and increases stopping distance, making collisions more likely and more severe. Unsafe lane changes and failure to yield often lead to sideswipe or intersection accidents. Running red lights or stop signs frequently causes high-impact crashes, which are more likely to result in serious injuries. Street racing and reckless driving can put multiple drivers at risk at once, while hit-and-run accidents may lead to additional legal consequences for the driver who leaves the scene.
In aggressive driving and road rage accident cases, evidence that a driver violated traffic laws can play a major role in proving fault. Traffic citations, police reports, and witness statements often help establish that the at-fault driver was engaging in illegal behavior at the time of the crash, which can strengthen an injury claim.
Evidence Used to Prove Liability in Road Rage Accidents
Road rage and aggressive driving cases often require strong evidence to prove liability. Important evidence may include:
- Police reports
- Traffic citations
- Witness statements
- Dash cam footage
- Surveillance footage
- Cell phone videos
- Accident reconstruction reports
- Vehicle damage analysis
- Medical records
- Social media posts
- 911 call recordings
In this type of case, a car accident lawyer will often investigate whether the at-fault driver violated traffic laws or engaged in reckless driving behavior.
Compensation Available After Aggressive Driving or Road Rage Accidents
If you were injured in aggressive driving accidents or road rage accidents, you may be able to recover compensation for damages such as:
- Emergency medical care
- Hospital bills
- Surgery
- Physical therapy
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Property damage
- Wrongful death damages
In road rage cases involving intentional misconduct, punitive damages may also be available in some cases.
What to Do After a Road Rage Accident
If you are involved in a road rage accident or aggressive driving crash, you should:
- Call the police immediately
- Seek medical treatment
- Take photos of the accident scene
- Get witness information
- Do not confront the aggressive driver
- Obtain a copy of the police report
- Document your injuries
- Contact a car accident lawyer
These steps can help protect your health and your legal claim.
Contact Our Greenville Car Accident Lawyers Today
Aggressive driving and road rage accidents can lead to serious injuries and complex legal cases. Determining liability often requires investigation, accident reconstruction, and legal analysis. If you were injured in aggressive driving accidents, road rage accidents, or a road rage accident, you should speak with a Greenville car accident lawyer as soon as possible.
An attorney can help investigate the accident, determine liability, deal with insurance companies, and help you pursue compensation for your injuries and damages. Contact the office of McCravy, Newlon & Clardy for more information and to begin working on your case. Our team serves clients in the 29605 zip code and nearby areas.