What if an Enraged Driver Caused My Kentucky Car Accident?
Road rage is a dangerous behavior that motorists engage in for various reasons. This behavior contributes to a significant number of accidents every year in the United States, with some of these accidents resulting in severe injuries and even death. If you have suffered injuries in a Kentucky car accident because of the actions of an enraged driver, you have legal recourse. Speak to a qualified car accident attorney for help understanding your legal options and protecting your rights.
Understanding Road Rage
Before going into what your legal options are after being involved in an auto accident with an enraged driver, it’s vital that you first understand the meaning of road rage. Road rage is characterized by a driver acting aggressively while behind the wheel, posing a significant threat to the safety of other road users. Personality traits, psychological factors, and external stressors such as traffic delays can cause this behavior.
Common ways that road rage manifests include;
- Tailgating
- Brake-checking
- Speeding
- Deliberately cutting off other cars
- Bumping or ramming another vehicle
- Yelling or making offensive gestures
Recovering Compensation After a Road Rage Accident in Kentucky
Kentucky is one of the few states that operate under a “choice no-fault” auto insurance system. Under this system, drivers can choose between traditional fault-based coverage and no-fault coverage (personal injury protection or PIP). The fault-based system allows you to file a personal injury claim against an at-fault driver. On the other hand, if you choose PIP, your insurance company is responsible for covering your losses, regardless of who caused the accident. By default, drivers are enrolled in PIP coverage but can opt out and choose the fault-based system instead.
However, regardless of which option you choose, if you suffer severe injuries because of an enraged driver, you can file a personal injury claim against the at-fault driver and seek compensation. If your injury does not qualify as severe and you have PIP coverage, you might be limited to recovering compensation only through your insurer.
What Damages Can You Recover From the Other Driver?
If your injuries meet Kentucky’s threshold for serious injury or you have full tort rights (because you opted out of the no-fault system), you might be eligible to recover compensation from the enraged driver through a personal injury claim. Common types of damages include;
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
In cases of extreme recklessness, you may be entitled to recover punitive damages. Punitive damages are awarded on top of compensatory damages (listed above).
How To Prove Road Rage Caused Your Accident
To succeed in a Kentucky road rage injury claim, you must prove that the other driver’s aggressive conduct caused your accident and injuries. Some examples of evidence that can help you do this include;
- Witness testimony
- Police reports
- Surveillance or dashcam footage
- Vehicle damage
A qualified Kentucky car accident attorney can help you collect and preserve the necessary evidence. They can help you build a robust case and fight for the compensation you deserve.
Contact Us Today for Legal Help
If you were involved in an accident with an enraged driver, contact our skilled London & Southeast Kentucky auto accident attorneys at Cessna & George Law Firm at 606-770-5400 or online for help seeking your deserved compensation.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=30030
