Maryland road rage incidents can lead to severe consequences, as a motorist faces fines and even jail time for driving in a way that puts others at risk. This misconduct is especially disturbing when it results in road rage accidents, and statistics are proof. According to The Zebra, an online marketplace for auto insurance, 218 victims were murdered, and more than 12,600 people were injured in road rage incidents over a 7-year study period. In fact, an individual was shot and killed in a road rage incident every 16 hours during 2022.
To a victim, a motor vehicle crash linked to road rage, aggressive driving, or recklessness may amount to an attack. However, you may wonder if these incidents would constitute an assault for purpose of seeking compensation. A Baltimore County assault injuries attorney can provide details, but you can also check out some background.
Personal Injury Laws vs. Criminal Cases
In Maryland, road rage can be considered both a criminal offense and a basis for a personal injury claim. The key difference is:
- Criminal cases focus on punishing the offender.
- Personal injury cases aim to compensate the victim.
However, if you were injured in an incident, you could pursue a personal injury lawsuit regardless of the outcome of the criminal case. Maryland personal injury laws recognize road rage as a type of assault when the aggressive behavior of one driver causes harm to another.
Road Rage and Reckless Driving
Road rage often accompanies reckless driving. Aggressive behaviors such as tailgating, erratic lane changes, and verbal threats can escalate quickly, leading to accidents. Maryland law defines reckless driving as operating a vehicle with willful disregard for the safety of persons or property. When reckless driving is fueled by road rage, it can lead to serious injuries and significant legal consequences for the at-fault driver.
Steps in the Legal Process
Initially, a victim will file a claim with the aggressive driver’s insurance company and attempt to settle. The insurer may deny your claim on various grounds or try to get you to agree to a lowball amount of compensation. It may be necessary to take your case to trial to get fair monetary damages for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
Can I Recover Punitive Damages in Maryland?
It may be possible, but keep in mind that the standard to obtain punitive damages is higher than that for compensatory damages. You must prove that that the driver’s behavior was malicious or showed a wanton disregard for the safety of others.
Contact Our Maryland Assault Injuries Lawyers to Discuss Options
Road rage is a serious issue that can lead to devastating accidents, and it may be considered a type of assault. If you were hurt in this type of accident, please contact Attorney Michael A. Freedman. You can visit us online or call 410.363.6848 to set up a free consultation at our offices in Owings Mills or Glen Burnie, MD. Our team is here to help you understand your rights and pursue the compensation you deserve.