What Happens If the Driver Who Hit You Leaves the Scene of the Accident? The grounds for being charged with vehicular assault are similar to that of reckless/aggressive driving in that the basis is causing injury to someone else while: Some states require that the injury sustained in the assault be serious in order to proceed with a vehicular assault charge. today at (855) Hire-Joe for a free legal consultation. But if the person called you a name or flipped you off, there is not much you can do legally. However, studies have determined that a mental health disorder, known as Intermittent Explosive Disorder (IED), may be to blame. Related charges include assault, and disturbing the peace. Gather the names and contact information of all parties involved and people who witnessed the accident. Must Know Facts About Big Truck Accident Cases. Obviously, there are instances of road rage, such as waiving or discharging a gun which are well beyond the concept which I am discussing. An experienced, can investigate your accident and determine the best possible course of action for your case. If the police issued a traffic violation ticket to the other party or charged the individual with a criminal offense. The punishment for assault, property damage, and reckless driving depends on state law. Furthermore, disturbing the peace refers to a wide scope of offenses, including challenging someone to fight in a public setting, shouting profanities at other drivers, shouting in public with the intent to cause violence, and using offensive words in a public setting. Thats something you should never do. Contact an experienced St. Petersburg personal injury attorney at Jones Law Group today. There are also psychological disorders that make some individuals more prone to aggressive driving and road rage, like intermittent explosive disorder. In 2013, Florida passed an anti-road rage law. The June. Big Truck Wrecks, Why Are These Cases So Different? An aggressive driver has an intent, which could be to harass, injure, take revenge, or damage property, whereas a reckless driver engages in unsafe behavior on the road. Privacy Policy | Disclaimer. 5. Since 2014, There have been 277 cases in Florida, 220 in Texas and 157 in California. Nearly everyone is susceptible to aggressive driving and road rage, but studies have shown that young male drivers are the most likely to engage in road rage and aggressive driving. Governor touts No. The Sanibel Gatehouse is scheduled for maintenance and will be closed. When you file an injury claim against an aggressive driver, what will they have to pay for? Be part of the solution, not part of the problem. Road rage is difficult to deal with you do not want to worry about your legal claim. Many times, road rage and aggressive driving is the result of pre-existing frustration and heightened emotions caused by some other event outside of driving. 2020 Ponce de Leon Blvd. Consult with a lawyer to decide what to claim: you may file a suit to recover lost wages, medical costs, or pain and suffering caused by the incident. For instance, news reports described a harrowing road rage accident that took the life of a pregnant woman. It exists to allow drivers who want to get around slower moving traffic to pass. Orlando, especially, can be unpredictable with so much ongoing road work combined with the high volume of tourists flocking onto the road. Destin, FL 32550 Orlando, Fla., came in third with 273 hashtags per . For example, you could have been acting out of self-defense. Suite 526, 6909 Old Highway 441 Suite 108, Office 600. Tailgating; 4. In a recent incident of road rage in Florida, two male drivers became angry with each other while driving. If you drive a vehicle aggressively or display a willful and wanton disregard for the safety of others on the road, the crime escalates into a class 1 misdemeanor. 2420 S. Lakemont Avenue Suite 150 Orlando, FL 32814. Driving on Florida highways can be dangerous. Our team of experienced criminal attorneys will fight for you and help reach the most favorable outcome while protecting your future freedom. This conduct by itself may reach the level of road rage, especially if it is coupled with actions such as: Florida has many dangerous roadways, and road rage only exacerbates the likelihood of a serious accident and injuries. Throws objects at other vehicles or intentionally commits other reckless acts on the road. Incidents of road rage and aggressive driving can lead to serious felony charges that can ruin your life. Moreover, nearly 35 percent of those accidents involve road rage or aggressive driving. [1] Aggressive driving is defined as driving while committing any two of the following offenses: 1. The key to preventing yourself from aggressive driving or road rage is to be aware of your emotions. Give the aggressive driver the benefit of the doubt; and In some particularly frightening situations, a road raging driver will purposely ram your vehicle or run you off the road. Dont confront other drivers, block other drivers, or switch lanes when another driver is in your blind spot. resulted in damage to one vehicle, but not in a manner that you might expect. Another real tragedy associated with instances of aggressive driving or road rage is that many times the injured party was not the aggressive driver or even the object of his rage, but nearby drivers unaware of what was transpiring or pedestrians or bicyclists who are completely unable to protect themselves from this type of situation. Shore, in an effort to make her move over so that he could pass. Are Bicycle Accidents Occurring More Often? Note, yelling insults or profanities at someone is not a crime in most places. Florida law defines road rage, or aggressive driving, as violent or aggressive behavior that stems from a driver's uncontrolled rage due to the actions of another driver. (5) improperly passing. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. HIALEAH, Fla. (WFLA) A man died after an apparent road rage shooting in south Florida on Wednesday, but police say it could be justified under the state's "stand your ground" law.. Please call, text or fill out our form to get in touch with our team now. Its frustrating and, in some instances, dangerous. Florida has many dangerous roadways, and road rage only exacerbates the likelihood of a serious accident and injuries. Remember, the court must consider the circumstances leading up to the incident, including weather conditions, the time of day, people, and animals in the area, and the vehicles. The incident is causing huge traffic delays. The two most common causes of car accidents in Florida are negligence and distracted driving, but a third leading cause of accidents is road rage. We handle Florida auto accident cases, premises liability claims, product liability lawsuits, and wrongful death claims. Report aggressive driving when seen; If you touch someone without their permission, you can be charged with misdemeanor battery. The motorcyclist and witnesses followed her and waited outside of her home, and called 911. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on WhatsApp (Opens in new window), United States Recording Laws (All States), Australian Capital Territory Recording Laws, Statute of Limitations by State in the United States, Are Autopsies Public Records? Vital Records Explained. Offices in Sarasota, Bradenton . (305) 882-9097. Today, it typically refers to aggressive driving including tailgating, sudden acceleration, cutting people off, sudden braking, blocking other drivers from merging into a lane, rude gestures, yelling at other drivers, pursuing other cars through traffic in order to engage in verbal or physical altercations, intentionally hitting other vehicles and other kinds of verbal or physical altercations with other drivers, excessive use of the horn or lights to scold or blind other drivers, and brandishing or using firearms or other deadly weapons. Road rage, reckless driving, and federal law. Failure to yield the right of way; The messages might seem like mere suggestions to drivers, but here in Florida it is the law. In some regions, you may also recover damages for emotional distress. 4. The Florida Highway Patrol spokeswoman Sgt. One of the best ways to avoid becoming agitated while driving is to allow yourself plenty of time to get to your destination. Aggressive Driving and Road Rage Causes Accidents. Road Rage in Florida - Fort Lauderdale Criminal Lawyer Sources: 561-576-NEWS. George Zimmerman, acquitted by a Florida jury in the shooting death of Trayvon Martin in 2013, suffered minor injuries Monday after being shot at by a motorist, police said. Exceeding the posted speed limit; a non-profit focusing on gun issues. A recent road rage incident in Florida resulted in damage to one vehicle, but not in a manner that you might expect. contact@jlgtampabay.com. Some examples of aggressive driving or road rage include the following: Hitting another vehicle with your car. What charges can a road rage incident lead to: Road rage laws and physical or verbal assault. Theyll only listen to the complaint and investigate the situation until they have enough proof to press charges against you. Speeding, honking, or flashing your headlights. Our team of experienced criminal attorneys will fight for you and help reach the most favorable outcome while protecting your future freedom. The Florida statutes refer to it as "impeding the flow of traffic" but most drivers have another name for it that cannot uttered in polite conversation nor written in this public forum. By continuing to use our site, you are agreeing to our cookie privacy policy. Suite 1006 (1) Exceeding the posted speed as defined in s. 322.27 (3) (d)5.b. Florida state agency spokesman killed in road rage shooting Investigators said a person was taken into custody after the shooting, questioned and later released. Call Zarzaur Law, P.A. Violators face a $60 fine and a three-point moving violation on their drivers license.This doesnt apply to two-lane roads, which greatly limits it usefulness. How Charges Related to Road Rage and Aggressive Driving Can Be Fought. Remain calm. With more than 100 years of combined legal experience representing clients against criminal charges, you can be sure that your case will be handled with care and diligence. Aggressive Driving and Road Rage in Florida. If you find yourself getting angry every time you drive because, in your opinion, almost everyone in your region drives poorly, be wary of road rage. ALL RIGHTS RESERVED.. BOCANEWSNOW.COM IS A REGISTERED TRADEMARK. Pensacola For example, in Virginia the law does not require prosecutors to prove intent, meaning, it is easier to prosecute road rage incidents under the states reckless driving laws. A landlord in The Villages already facing nearly $4,000 in fines is blaming his tenants for the condition of his derelict properties. Get out of the way of erratic drivers; If the driver acts willfully and with reckless disregard for the safety of others, the actions may result in jail or prison time, probation, fines, or in some cases license suspension. Pensacola: (850) 444-9299 | Destin: (850) 424-3236, The Attorneys and Legal Team at Zarzaur Law, https://brandongaille.com/21-startling-road-rage-facts-and-statistics/, http://www.safemotorist.com/articles/road_rage.aspx. In 2012, Florida legislature passed a law that makes it illegal to drive more than 10 miles per hour under the speed limit in the left lane if another car is approaching. A man stepped out of his vehicle and turned his frustrations on another vehicle behind him. Aggressive driving and road rage, in many instances blend together. A man was apparently hit by a tractor-trailer. If a driver caused you to feel road rage, they probably engaged in one of the following behaviors: Anyone can experience road rage. MIAMI-DADE COUNTY, FL (BocaNewsNow.com) (Copyright 2023 MetroDesk Media, LLC) A possible road. Next, if you are able to, document everything that you can remember about the moments leading up to the accident. Improperly or unsafely changing lanes; Villagers were among a group of Trump backers demonstrating at Gov. Website and SEO by Site Social SEO, Contact an experienced St. Petersburg personal injury attorney, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1923.html, http://www.dmvflorida.org/road-rage-kills.shtml, Understanding Comparative Negligence in Florida, Common Factors that Cause Florida Motorcycle Accidents, Using Health Insurance for Car Accident Damages. Florida law defines road rage, or aggressive driving, as at least two of the following b ehaviors: excessive speeding, changing lanes or improper passing, tailgating, failing to yield, and failing to follow traffic signs. Our site uses cookies. Although there is a separate aggressive driving statute, there are no additional penalties for violating this law. William Joseph Hale and Frank Gilliard Allison were both taken into custody on Saturday evening and charged with one count each of attempted second-degree murder, court records reviewed by Law&Crime show.. Nassau County Sheriff Bill Leeper on Monday described . Road rage that leads to action may result in the following charges: Reckless driving refers to a situation where a driver operates a vehicle in a way that endangers other road users. To take civil action here is what you must do: Road rage is not a crime. In Florida, road rage commonly refers to the anger a driver experiences when they experience stress or frustration while driving. Statistics from the National Highway Traffic and Safety Administration report that 66% of traffic fatalities are caused by aggressive drivers, 37% of aggressive driving incident involve the use of guns, and 50% of drivers who are on the receiving end of an aggressive drivers behavior respond back with additional aggressive behavior. 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