Road Rage Car Accidents
The roads and streets of Miami are dangerous enough without having to deal with road rage and aggressive driving issues. Recent studies indicate that Miami road rage and aggressive driving behavior is on the rise. Our Miami car accident lawyers can verify that crashes and injuries from aggressive driving is most definitely increasing here in Miami. Just call us at (305) 285-1115 to discuss your Miami road rage car accident injuries today.Road Rage Car Crashes and Injuries in Miami
The Miami car accident and injury lawyers at the Wolfson Law Firm define “road rage” as overtly aggressive behavior by drivers who either use their vehicle as a weapon or they leave their vehicle to confront and/or assault other drivers. In the opinion of our Miami personal injury attorneys, road rage is the more extreme version of aggressive driving. Road rage includes:
- Using a vehicle to hit a pedestrian or other driver
- Utilizing a vehicle to injure or even kill a motorcycle driver and/or passenger
- Intentionally running another driver off the road
- Ramming another vehicle on purpose
- Blocking a vehicle and getting out to confront another driver
- Pinning a vehicle into a spot and leaving the vehicle to assault a driver
- Threatening or using a gun against another driver
- Chasing another driver at high rates of speed
Often this type of road rage results in injuries or death. Many times criminal charges will result. Our Miami car accident lawyers find that road rage car accidents and injuries present difficult and complex insurance coverage questions.Insurance Coverage in Road Rage Car Accidents in Miami
One of the biggest problems our Miami car accident lawyers face in road rage injury cases is insurance coverage. Public policy and Florida law prohibit getting insurance for intentional and criminal actions. It makes sense but it also poses serious problems for people innocently injured in Miami road rage car accidents.
If an insurance company determines that the person they were insuring intentionally used their vehicle to hurt someone, they can deny coverage. There is no coverage in auto insurance policies for assault, battery or murder. When an insurance company suspects that there is no coverage for the road rage actions of their insured, they will send a notice called Reservation of Rights informing the insured person that the insurance company reserves its right to decline coverage.
Insurance companies can file a Declaratory Action to decline coverage. Under Florida Statute Chapter 86, insurance companies are entitled to file a lawsuit to ask the court to declare the rights and responsibilities under the policy of insurance in a particular circumstance. The insurance company must include any and all parties that may have an interest in the policy. The defendants in a road rage insurance coverage case will include all drivers, passengers and claimants from the road rage car accident.
The court will allow discovery by the parties to investigate the facts of the loss. Ultimately, the judge will make a decision if there is coverage for the loss. If the judge decides that there is no coverage for the actions, then the injured person(s) are left to pursue the road rage driver personally. If that driver has no assets, the injured road rage car accident victim can be left with no avenue of recovery.
If the Miami road rage driver is criminally charged, there is a possibility of restitution but again, collection can be difficult. If you have uninsured motorist coverage on your own auto policy of insurance you could attempt to make a claim. However, the question of intentional acts and exclusions will again be an issue.
Uninsured motorist (UM) benefits is coverage that you purchase to protect yourself against uninsured motorists which can include drivers who were denied coverage for intentional acts. The UM coverage provides you with insurance benefits if you are injured due to the negligence of an uninsured motorist. But UM insurance does not cover intentional acts.
The questions of insurance coverage in a road rage car accident in Miami can be confusing and lead to terrible unjust results. That is why you will need a Miami car accident lawyer and personal injury attorney if you were injured in a Miami road rage accident.
Road rage is characterized by aggressive or angry behavior exhibited by drivers when operating their cars. It may be brought on when drivers are pressed for time, frustrated with traffic, or are just stressed out. Road rage may also be a driver's response if someone cuts them off, drives too carefully, or speeds by them. When drivers experience road rage, they are often driven by their emotions. They may drive aggressively and erratically, putting the lives of others on the road in danger. A driver experiencing road rage may hit another car, pedestrian, or bicyclist if they run a red light, weave in and out of traffic, or speed. Road rage accidents are dangerous because they can cause severe injuries to others on the road.
Road rage can be easy to spot. A driver who is yelling, cursing, or making obscene gestures to other cars on the road is usually experiencing some form of road rage. Speeding, weaving in and out of traffic, racing, running red lights, and tailgating are common indicators of road rage. Drivers experiencing road rage may also flash their lights to speed around another car or brake suddenly in front of someone. This erratic and violent behavior on the road can be scary, so its best to stay away from the driver and avoid confrontation.
If a driver experiencing road rage hits you, you should seek immediate medical attention if your injuries are serious. If you are worried about your safety, you should contact the police and stay in your car until they arrive. Make sure to file a police report, as well as get the contact and insurance information from the driver. If your injuries are severe, you need the help of a personal injury lawyer. They can advise you as to what damages you may be entitled to, including payment for medical treatment, recovery of lost wages, damage to your vehicle, as well as compensation for any pain and suffering you experienced. You may be awarded punitive damages, which are granted to accident victims to punish the defendant for this driving behavior.
Accidents caused by a driver's road rage can result in severe injuries to victims. While you may be inclined to work directly with the insurance company and settle the case on your own, if you have extensive injuries that require you to miss work, you may be better served seeking legal help. Between medical bills and lost wages, the financial impact on your family can be devastating. Since insurance companies are known for low-balling settlements to accident victims, you could find yourself out of money and unable to pay for your treatment and household bills quickly. To protect your rights, you need to find the best road rage lawyer in Miami for your case. A qualified and experienced personal injury lawyer knows the specifics of personal injury law. They can estimate what your claim is worth. You should choose a personal injury attorney that is skilled in negotiation but can also defend your rights in court. Finally, you should find a lawyer that is responsive to your needs and that you feel comfortable working with.
If you were injured in a Miami road rage or aggressive driving accident, the Miami car accident lawyers at the Wolfson Law Firm can help you and your family. We will investigate the facts of the car crash and the actions of the road rage driver. Our Miami personal injury lawyers will interview the law enforcement officers and all known witnesses. We will hire experts to help us determine the facts and figure out a road to recovery for you damages.
Our personal injury law firm is located in Miami at 3399 SW 3d Avenue. Our injury and accident attorneys have more than 55 years of collective experience of assisting Miami car accident victims and people injured due to the negligence or intentional acts of others. Our Managing Attorney is Jonah Wolfson and he is a bilingual wrongful death and personal injury lawyer in Miami. Jonah and his bilingual accident and injury team are ready to serve you and your family after your Miami car accident. All you have to do is call us at (305) 285-1115 and we will get to work on your case right away.
The Miami car accident lawyers and injury attorneys in Florida serve all of South Florida including the towns of Miami Shores, Surfside, Hallandale, Sunny Isles, North Miami Beach, Homestead, Coral Gables, Coconut Grove, South Miami, Edgewater, Miami Beach, Pembroke Pines, Hollywood, South Beach, Wilton Manors, and Davie.