Road rage can transform an ordinary traffic situation into one that is deadly. A driver who succumbs to road rage may escalate a situation to a dangerous level, such as by causing a car accident or physical confrontation that results in bodily injuries, emotional trauma, property damage and even death. If you get injured due to road rage in San Antonio, learn how to handle the injury claims process.
What Is Road Rage? How Can It Cause Accidents?
Road rage occurs when a motor vehicle driver exhibits aggressive or violent behaviors, often in response to frustrating traffic situations or perceived offenses by other motorists. Road rage can involve a range of actions and behaviors, including verbal insults or threats, rude hand gestures, horn honking, tailgating, reckless driving maneuvers, speeding, racing, and physical altercations.
Road rage can result in traffic accidents if the enraged driver engages in dangerous driving practices as part of the rage episode; for example, if a driver follows someone too closely, cuts another driver off, runs a red light or stop sign, speeds, passes unsafely, drives the wrong way, weaves in and out of traffic in an aggressive manner, or deliberately blocks another driver’s path.
What Are Your Legal Options as a Victim of a Road Rage Incident?
Drivers are expected to use reasonable care and prudence when operating motor vehicles. This includes maintaining a safe frame of mind and mental state for driving. If a driver is cognitively distracted, including a loss of focus due to strong feelings of anger or frustration, he or she may engage in dangerous practices that constitute negligence.
Negligence can make the driver liable, or legally and financially responsible, for a resultant car accident. If you have been injured in a road rage car accident in San Antonio, you may be able to file a claim against the negligent driver’s car insurance company for coverage for your medical bills and property repairs.
In Texas, the person or party most at fault for causing a car accident is liable for the damages, according to the fault-based insurance system. You or your San Antonio car accident attorney will need to prove that the driver behaved negligently and that this is what caused the crash. You may have the right to file a car insurance claim, personal injury lawsuit, property damage claim or a wrongful death claim.
What Is the Deadline to File a Road Rage Accident Claim in Texas?
The statute of limitations is a law that limits the amount of time an individual legally has to file a road rage accident claim. In Texas, Tex. Civ. Prac. & Rem. Code § 16.003 states:
TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
Road rage accident victims in San Antonio generally have no more than two years to file their claims. If your statute of limitations expires, you may lose the right to seek compensation. Certain situations can shorten or extend the statute of limitations, making it important to contact a personal injury lawyer in San Antonio about a potential road rage injury case as soon as possible.