Aggressive driving can cause car accidents in Greenville, SC. In such cases, offenders may owe victims compensation.
Our experienced Greenville car accident lawyer at Bobby Jones Law explains aggressive driving car accidents in Greenville, SC.
What Is Considered Aggressive Driving in South Carolina?
Aggressive driving in South Carolina is a driving behavior that exhibits undue hostility, force, confrontation, or assertion. A person who drives aggressively lacks awareness or regard for others. But aggressive driving is more than just reckless driving; it’s purposefully domineering or pushy behavior that may put others at risk on the roads.
Aggressive driving is driving that:
- Takes irresponsible risk
- Harasses or retaliates against others
- Pressures others to change their actions
- Is motivated by a desire to achieve a specific objective, even if it is dangerous
The driver’s intent defines aggressive driving and distinguishes it from reckless driving. The person may be motivated by anger, hostility, or the desire to achieve a certain outcome, regardless of what’s fair or safe. But driving doesn’t have to necessarily be menacing to be aggressive.
Driving aggressively puts the driver, other drivers, and pedestrians at risk.
Aggressive Driving Statistics for South Carolina
The South Carolina Department of Public Safety (SCDPS) reports that aggressive driving was a contributing factor in 1,417 collisions in the state in 2023. These collisions resulted in 735 injuries and 29 fatalities.
Common Causes of Aggressive Driving Accidents
Examples of aggressive driving that might cause accidents in South Carolina include:
- Excessive speeding, often 25 miles or more over the limit
- Going through an intersection without the right of way or at an excessive speed
- Crossing multiple lanes of traffic at once
- Driving on the shoulder
- Cutting someone off in their lane when there isn’t room to safely change lanes
- Tailgating, following too closely
- Passing a stopped school bus
- Weaving around traffic stopped because of an accident or special event
- Blocking traffic, driving slowly to inhibit someone else’s movement
- Speeding up to chase someone down
- Intentionally striking a vehicle
When these or other aggressive driving behaviors result in an accident, the victim may have a claim for compensation. To receive a payment, they must bring a legal claim. Aggressive driving must be the cause of harm to the victim.
Compensation for an Aggressive Driving Accident in Greenville, SC
To receive compensation for a Greenville, SC aggressive driving accident, you must:
- Name the aggressive driver and any other parties with legal liability
- File a claim, stating the grounds for the case and the right to compensation
- Identify the compensation that you deserve
- Prove your case with evidence
- Pursue the case through a judgment or settlement
You may have representation from an experienced lawyer. Bobby Jones Law is currently accepting new cases representing residents of Greenville, SC, and the surrounding area who have been injured.
Civil vs. criminal proceedings for aggressive driving
A person who drives aggressively may face civil and criminal penalties. In civil court, the driver is liable to anyone they hurt and the owner of damaged property. Usually, negligence is the standard for civil liability, but aggressive driving is even more serious, as it is reckless behavior.
Aggressive drivers may face criminal charges. Common examples include reckless driving and assault and battery of a high and aggravated nature. They may also be ticketed for driving infractions, such as improper lane changes or following too closely. It’s up to law enforcement and the local prosecutor to issue criminal charges.
The victim initiates their own civil claim for compensation following an aggressive driving accident. A victim may bring a civil claim whether or not the aggressive driver is charged with a crime and regardless of the outcome of criminal proceedings.
Injuries Commonly Caused by Road Rage Incidents
Common injuries from road rage incidents include:
- Brain trauma, concussion, skull fracture
- Whiplash, soft tissue damage
- Spinal cord trauma, paralysis, nerve damage
- Facial injuries and scars
- Organ damage, damage to bodily systems
- Lacerations, cuts
- Mental health injury
- Wrongful death
In addition to trauma from an initial injury, a road rage incident may continue after an initial crash. A victim may be at risk of assault and battery or firearm violence.
Road rage incidents can be especially devastating because of the potential for a vehicle to tip over or for the vehicle to be suddenly pushed. Other drivers may not expect aggressive behavior and may not be able to respond defensively. In addition, when a road rage incident harms a pedestrian, injuries can be especially devastating because there is no vehicle to shield from bodily impact.
Can Aggressive Driving Lead to Punitive Damages?
Yes. A driver who is civilly liable for injury may pay punitive damages. Punitive damages don’t compensate a victim for their losses or suffering. Instead, they punish the driver for their offensive behavior.
For a case to qualify for punitive damages, compensatory or nominal damages must be awarded. The jury decides if the defendant’s driving was aggressive. If they say that it was, they will decide if the driving reached the level of wilfulness or recklessness. If the jury finds that it was, they may award punitive damages.
There’s no set amount for how much the jury must award in punitive damages. They may consider the degree of severity of the defendant’s actions, the harm that occurred, similar past conduct, the defendant’s ability to pay, and other factors.
To receive punitive damages, you must ask for them in your complaint. That’s one reason that it’s especially important to work with an experienced lawyer early in your case.
Contact an Experienced Greenville Car Accident Lawyer
If you have been injured by an aggressive driver, we invite you to contact Bobby Jones Law. You can talk to an experienced Greenville car accident lawyer. See if you have a claim for compensation and how you can seek justice for an aggressive driving car accident.
Bobby Jones Law fights for our clients, resolving cases by settlement and trial. We’re proud to take challenging cases, including cases involving aggressive drivers. Call or message us now.
