Aggressive Driving Lawyer Newark and East Orange
Although you may do it every day, driving can be very stressful. People are often in a hurry to get where they are going, so they drive aggressively. Aggressive driving can cause accidents and injuries to drivers and pedestrians alike.
If you have been injured by an aggressive driver, you may wonder if you will be able to recover money for your injuries. The price of your medical bills and the severity of your injuries will be major factors in determining the actions you should take if you are hurt due to someone else’s negligence.
What is considered aggressive driving?
The definition of aggressive driving includes running red lights, speeding, and even tailgating. It applies to behaviors such as weaving in and out of traffic. Aggressive driving is often a result of drunk driving.
When a driver who is speeding hits a pedestrian or another car, the impact is much greater than it would be if they had been traveling at the speed limit. A 2015 study by the National Conference of State Legislatures found that speed was a factor in 27 percent of fatal car accidents.
How the Law Deals with Aggressive Driving
In 2019 Governor Chris Christie signed Jessica Rogers Law which created stricter punishments for road rage. The law was inspired by a 2005 accident that permanently disabled a teenage girl.
Ms. Rogers was injured when she was riding in a car driven by a man who became enraged when he was cut off in traffic. He swerved around the driver who had cut him off and ran right into a pole, injuring everyone in the car. After dozens of surgeries, Ms. Rogers ended up using a wheelchair.
Jessica Rogers Law comes with a minimum sentence of four to five years for anyone who’s been convicted of road rage.
A speeding ticket will cost an offending driver anywhere from $85 to $260 in the Garden State. The amount of money a driver will pay will depend upon the rate of speed at which they were traveling.
What To Do if You Are Hit by an Aggressive Driver
When you have an accident, you should pull over to the side of the road and see if anyone is injured. You should call the police and wait for a law enforcement officer to arrive.
If you believe the other driver was being aggressive, it is important to collect the contact information of any witnesses who saw the accident. It is also critical to ask for a copy of the accident report.
As with any accident, you should have yourself checked out by a doctor even if you feel just fine. There are some injuries that might not be immediately apparent.
Be sure to save a copy of every medical bill that you receive including those for physical therapy and alternative treatments. You should also save the receipts from any prescription or non-prescription medicine that you may have to take. You should also document any hours that you have missed from work.
Insurance in New Jersey
There are two different insurance rules in the United States, fault and no-fault. In a fault (or tort) state, the insurance company of a person who causes an accident is responsible for paying its related bills. In a no-fault state, a person’s own insurance company will pay all of their accident-related expenses no matter who caused a crash. New Jersey is a no-fault state.
Exceptions to the No-Fault Rule
Although your own insurance should pay for your expenses, there are some circumstances under which you can sue a negligent driver. Most insurance policies will come with a limited right to sue if the accident involves certain injuries. Generally, a person’s injuries must be very severe, chronic, or permanent.
You can sue if you
- Are permanently scarred or disfigured
- Have a displaced fracture
- Have lost a body part or the function of a body part
If a person dies, the family may sue the at-fault driver for wrongful death, and if a woman who is pregnant loses her baby, she can sue as well.
Aggressive driving is an ongoing problem in the United States. If you have been injured by an aggressive driver, we will fight for your right to sue, and we will work tirelessly to get you the money you deserve.
Learn how our car accident lawyer can help you!