When some drivers become angry, they may take it out on other drivers. This could mean yelling, cursing or making gestures to another driver as well as intentionally tailgating or cutting off another vehicle. When an angry driver behaves in this manner, it can lead to a serious accident and injuries.
If you have been harmed in a road rage incident, you will likely need to seek accident benefits through your insurer to cover your injuries. This is because Ontario has a no-fault insurance system. However, if your injuries are severe enough, you may be able to take legal action against the negligent driver.
Greg Monforton & Partners is here to help. We offer a free initial consultation to discuss your claim and determine your eligibility for compensation. There is no risk or legal obligation involved. We also charge no upfront fees if we proceed with an accident investigation and work on building a strong case for you.
Find out if you have a case. Ph: (866) 320-4770
When Driver Error Becomes Negligence
Road rage accounts for a surprising number of accidents and fatalities. About 80 per cent of Canadians admit to exhibiting road rage-like behaviour while driving. According to a survey conducted by State Farm Canada, a third of Canadians are victims of road rage at least once a month. The most common road rage triggers found were tailgating (30 per cent) and being cut off (22 per cent).
Road rage can be very dangerous. The victims of road rage have every right to take legal action if they are injured by a negligent or careless driver. In Canada, road rage is not a real legal term nor defined in the Highway Traffic Act. However, road rage can lead to a careless driving offense or stunt driving and racing offense. Civil offenses are not the only types of offenses road rage can lead to.
In some cases, the road rage driver could face criminal charges. Some charges related to road rage under the Criminal Code of Canada include negligence, negligence causing death and dangerous driving.
Taking Legal Action After an Accident Caused by Road Rage
In order to take legal action, you must show a link between the driver’s negligent behaviour and the accident. Compensation cannot be sought simply because the other driver was angry. If you have a case, a Windsor-based car accident lawyer at our firm is prepared to help you prove the following:
- The other driver owed you a legal duty to prevent harm to you
- The other driver breached this legal duty by failing to act as a reasonable person would (Many behaviours, such as following too closely, speeding and cutting people off on the road is considered aggressive and unreasonable)
- Due to this breach of duty, you were injured and suffered damages
Our firm is well-versed in negligence laws and insurance laws, including Ontario’s Insurance Act, which we may be able to apply in your situation. The Act states that everyone operating a motor vehicle in the province must provide a reasonable duty of care to other drivers. This means practicing safe driving habits and reasonable caution on the road. Driving aggressively could constitute driver negligence.
Damages Available from Road Rage Incidents
Incidents of road rage can cause serious injuries and result in costly medical expenses. These injuries can range in severity from whiplash, soft tissue injuries, fractures to traumatic brain injuries, spinal cord injuries, internal organ damage and more.
Damages from a road rage incident could be significant and may include:
- Medical bills
- Ongoing medical care
- Rehabilitation costs
- Lost wages
- Loss of future earning capacity
- Pain and suffering
Consult an Experienced Lawyer at Our Firm
No matter how much you try to avoid a road rage incident, it can still happen. Greg Monforton & Partners is prepared to review the circumstances surrounding the accident and determine whether road rage played a role. An initial consultation with a member of our legal team is completely free.
If we believe that the other driver acted in a negligent or careless manner, we will work hard to fight for justice and the compensation you need. You are not obligated to have us represent you, but if you do, there is no upfront cost to retain our legal services. We only get paid if we help you obtain a recovery.
Talk to a lawyer today. Ph: (866) 320-4770