What Victims of New Jersey Road Rage Crashes Need to Know

Posted on behalf of James Lynch on May 21, 2021  in Car Accident News. Updated on July 13, 2023

What to know about road rageProving a crash was caused by road rage will likely require a thorough investigation and the knowledge of a licensed attorney with years of experience building a strong case on behalf of injury victims.

For over two decades, our car accident lawyers in New Jersey have successfully recovered compensation for crash victims, including a $4.5 million verdict for a man who swerved to avoid hitting an aggressive driver and crashed into a tree.*

Our knowledgeable attorneys are prepared to review your claim during a free consultation and do not charge anything up front or while we work on your case. You only pay us if we win.

How Does New Jersey Law Define Road Rage?

A lot of people use the terms “road rage” and “aggressive driving” interchangeably. In many states, the key difference between the two is that road rage is a criminal offense that may result in a felony charge while aggressive driving is a traffic violation.

Aggressive driving is when a person commits a combination of moving traffic violations that may endanger the lives or property of others, including:

  • Speeding
  • Tailgating
  • Lane blocking
  • Aggressive lane changing
  • Honking for non-emergencies

However, in New Jersey, aggressive driving may be legally defined as road rage thanks to a 2012 law named after a teen who was paralyzed in a road rage accident. Under Jessica’s Law, a person who knowingly drives a vehicle in a reckless disregard of the rights and safety of others may be guilty of a third-degree felony and face between three to five years in prison and a fine of up to $15,000.

Evidence to Prove Road Rage

Road rage victims need to prove their injuries were a result of the negligence of the other driver. Evidence of road rage/negligence could include:

  • Witness statements – If there were any witnesses around at the time of the crash who are willing to provide a statement to you or your attorney, it could go a long way in building a case against the at-fault driver.
  • Police report – You should always call the police after an accident. This is especially important for road rage accidents, as you do not know what emotional state the other driver may be in. For your safety, it may be best to remain in your vehicle and call the police.

Our attorneys have experience conducting thorough investigations to determine how an accident happened and who all the liable parties may be. Our goal is to recover the maximum compensation for medical bills, lost wages, and other damages.

Can the Insurance Company Deny a Road Rage Claim?

In many states, liability insurance companies have the right to deny a claim if the injuries were caused by the intentional actions of another driver, including road rage.

New Jersey is a no-fault state, which means that if you are injured in an accident, you must first file a claim through your own Personal Injury Protection (PIP) insurance policy. Because of its classification as a no-fault policy, your insurer may not be able to deny your legitimate injury claim even if it was caused by a driver’s intentional actions.

However, this could be more complicated if the value of your damages surpasses your PIP limits, and you need to file a claim through the other driver’s liability insurance.

With the help of our licensed attorneys, you may be able to recover compensation for the full value of your injuries, even if your PIP coverage is exhausted and you need to seek compensation from the other driver’s liability insurance.

Let Us Fight for Your Rights. Call Today

As a victim of an accident, you have the right to pursue compensation for your injuries and property damage. At the Lynch Law Firm, PC, our attorneys are dedicated to fighting for the rights of all injury victims in New Jersey and are prepared to take on the insurance company on your behalf.

Schedule a free consultation today. Call (800) 518-0508

* Results may vary depending on your particular facts and legal circumstances.

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