Aggressive driving is a major cause of accidents in the U.S. According to the National Highway Traffic Safety Administration, aggressive driving occurs when someone “commits a combination of moving traffic offenses so as to endanger other persons or property.”
Aggressive driving includes behaviors like tailgating, erratic lane changes, failure to obey traffic signs or signals, failure to yield the right of way, driving too fast for road conditions, or speeding. If you or a loved one has been hurt by a hostile motorist, our New Orleans aggressive driving attorneys at Morris Bart can help you.
Types of Injuries that Occur in Aggressive Driving Accidents
There are a wide variety of injuries that can occur in an aggressive driving accident. Some of the most common include:
- Whiplash: This is an injury caused by the rapid back-and-forth movement of the neck. Whiplash is particularly common in accidents where a driver is rear-ended. While symptoms may get better within a few weeks with treatment, some people continue to have pain for months or years after the injury.
- Internal bleeding: Internal bleeding, especially severe hemorrhaging, is often the result of a trauma, like a car accident. Signs of internal bleeding include weakness, exhaustion, lower than-normal blood pressure, chest pain, blood in urine, seizures, coma, and more.
- Traumatic brain injuries (TBIs): TBIs are the result of a blow or impact to the head that harms normal brain function. In severe cases, the victim may experience memory loss, impairments in emotional functioning, and impairments in sensation.
- Broken bones: These injuries are common in car accidents, although the seriousness of the injury depends on the nature of the break. If the bone pierces the skin when it breaks, it increases the potential for infection. Some breaks can lead to lifelong pain or discomfort for the victim.
If you experienced these or any other injuries from your car accident, seek medical attention as soon as it is safe to do so. Even if you think your injuries are minor or temporary, it is wise to receive a thorough diagnosis and treatment from a medical professional.
Any documentation that links your injuries to the car accident or that details their full extent could be useful in pursuing a claim later. If you or a loved one were hurt in an aggressive driving car accident in any way, you have the right to hold them accountable.
For a free legal consultation with a Aggressive Driving Accident lawyer serving New Orleans, call 800-537-8185
Recoverable Damages After an Aggressive Driving Accident
Every case is different, but the types of damages that victims can recover in personal injury cases can include:
- Medical costs
- Lost wages
- Future wages if your earning potential is diminished
- Pain and suffering
- Property damage
- Out-of-pocket expenses
There are other damage types you may qualify for, depending on your circumstances. To discuss the specific damages of your aggressive driving case, contact the New Orleans car accident attorneys at the Morris Bart law firm.
Wrongful Death in an Aggressive Driving Accident
If your loved one died in an aggressive driving accident, you may be entitled to compensation through a wrongful death claim. Recoverable damages in a wrongful death case may include:
- Funeral and burial expenses
- Wages and benefits previously provided by the deceased
- Pain and suffering
- Medical costs left to the family to pay
- Loss of consortium
If you choose to be represented by a New Orleans aggressive driving accident attorney from the Morris Bart law firm in your wrongful death claim, we will take on all casework so that your family can concentrate on healing.
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Louisiana Laws That May Impact Your Claim
There are a few Louisiana laws you should be aware of heading into your aggressive driving accident case:
Louisiana’s Statute of Limitations
While other states give victims multiple years to pursue compensation after an accident, the state of Louisiana has a one-year statute of limitations. In other words, you have one year from the date of the accident to file a claim, or you will generally be barred from recovering any compensation.
There are a few exceptions to this rule. Even if your one-year time limit has passed, a consultation with our legal team can give you a clear answer on your timeframe for legal action.
Comparative Fault
Louisiana is a comparative fault state. This doctrine allocates damages when multiple parties are responsible for an accident according to their degree of fault.
If a judge finds you to be somewhat responsible for an accident, any compensation awarded will be reduced by the degree to which you were at fault. For example, if you were awarded $50,000 and were found 10% responsible, your award will be reduced by $5,000.
Reckless Driving vs. Aggressive Driving
Reckless driving is aggressive driving taken to a criminal level. Not all cases of aggressive driving accidents will lead to a criminal charge. If the other party is accused of this crime, you don’t have to wait for that case to finish before filing a lawsuit.
Should the other party plead guilty to the crime of reckless driving, it will make their insurance much more agreeable to paying a substantial settlement for your injuries.
Will I Have to Go to Trial?
Only about 10% of car accident cases actually go to trial. Most of the time, an aggressive driving accident lawyer in New Orleans can negotiate a fair settlement from the insurance company based on the law, the facts, and the policy. But sometimes, we may recommend a trial.
The choice to go to trial is always yours. We will lay out the pros and cons of going to trial in your specific circumstance and will make a recommendation based on our experience. You are free to choose whether or not it’s worth it. Trials will make your final settlement much longer to achieve, but you could get much more.
How a New Orleans Aggressive Driving Accident Lawyer Can Help
An aggressive driving accident lawyer can answer your questions, offer you legal advice, and help build a case to pursue compensation. If you partner with Morris Bart in your case, our lawyers can:
- Gather evidence to prove aggressive driver liability after the accident, including police reports, eyewitness statements, and video surveillance.
- Obtain medical records, doctor’s reports, receipts, and bills to calculate the total value of your case, including the cost of your pain and suffering.
- Negotiate with the insurance company or defendant’s lawyer to pursue damages.
- Defend your rights at trial if we cannot reach a fair settlement.
To find out what options you have for recovering your losses after a collision with a hostile motorist, contact the Morris Bart law firm today. Our New Orleans aggressive driving accident attorneys work on a contingency fee basis, meaning we only take payment from you if you receive a settlement or are awarded a ruling in court.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
