Considering Indiana’s traffic and near-constant construction, it’s natural to get a little frustrated behind the wheel. There’s a difference between frustration and road rage, though. Instances of road rage see another driver actively and willfully put you in harm’s way. In some cases, road rage can even see enactors face accusations of criminal misconduct.
Road rage takes on different implications when viewed by Indiana’s civil courts, though. Road rage can constitute a variation of negligence in the eyes of Indiana’s civil courts. In other words, should you get into an accident as a result of someone else’s road rage, you can hold that party financially accountable for your losses.
Indiana’s motorcycle accident lawyers can specifically help you file a claim against the offending party. You can learn more about your right to a personal injury lawsuit when you schedule a case consultation with Vaughan & Vaughan.
Understanding Road Rage
What is road rage? According to The National Highway Traffic Safety Administration, the phrase “road rage” describes an instance wherein a driver:
“…commits moving traffic offenses so as to endanger other persons or property; an assault with a motor vehicle or other dangerous weapon by the operator or passenger of one motor vehicle on the operator or passengers of another motor vehicle.”
In other words, road rage can technically constitute criminal roadway misconduct. From a civil perspective, though, demonstrations of road rage are equivalent to demonstrations of accidental or purposeful negligence. In other words, if someone else’s road rage results in your accident, you can take that party to civil court and demand compensation based on their negligence.
Taking Legal Action After a Road Rage Accident
If you want to file a claim against someone after a road rage accident, you need to do so within Indiana’s personal injury statute of limitations, or Indiana Code section 34-11-2-4. This statute gives you no more than two years to bring forward evidence of road rage. If you can’t make your case in that two-year period, you may waive your right to road rage accident compensation.
You have to do more than submit paperwork with a civil judge, though. You and a motorcycle accident lawyer in Indiana have a specific obligation to prove that:
- A person engaged in negligent road rage
- Said road rage led to your accident
- Said road rage violated the duty of care owed to you by the acting driver
- You endured economic losses as a result of the road rage
- You have evidence establishing both liability and your case’s value
How Can an Attorney Help You in a Road Rage Case?
Do you need an attorney to help you navigate the aftermath of a road rage accident? Not necessarily. Indiana civil courts give you the right to move a personal injury case forward on your own. That said, working with an attorney can make the process of addressing a road rage case simpler. The team with Vaughan & Vaughan can specifically:
Communicate With the Liable Party on Your Behalf
Here’s the thing about someone willing to endanger you in a fit of road rage: they’re probably not someone you want to have a conversation with if you take them to civil court. You shouldn’t let that party intimidate you out of your right to legal action or disrespect your effort to secure post-accident compensation, though.
What can you do, then, in the face of illogical rage? Call on an attorney. Indiana’s motorcycle accident attorneys can interface with a liable party for you. This means you never have to interact with a liable party who’s acting aggressively or disrespectfully. Our team can intercede and ensure that the legal process you undergo is as stress-free as possible.
File Your Lawsuit By Essential Deadlines
The demands of everyday life can make it difficult to keep up with all of the deadlines tied to your pursuit of motorcycle accident damages. If you compound your daily responsibility with motorcycle accident injuries, filing your personal injury claim may feel impossible.
Fortunately, it’s our attorneys’ job to keep you on top of your deadlines. We can remind you about pending appointments and make sure you don’t lose the right to legal action by missing a court date.
Continually Fight for Your Right to Accident Compensation
The primary reason parties in your position pursue personal injury claims after motorcycle accidents is to secure compensation for their losses. Filing a claim lets you fight for damages that you can then use to pay your bills.
When you have an attorney on your side, you can defend your right to damages for all of your accident’s economic and non-economic losses without an insurance provider or liable party trying to dismiss the ones that inconvenience them. Our team can consistently refer back to an estimate of your case’s value as we fight for your right to a straightforward recovery.
Let’s Take a Road Rage Case to Civil Court
You don’t have to let a dangerous instance of road rage go unanswered. If someone else’s road rage leads to an automotive accident, you can work with Indiana’s personal injury lawyers to take the offending party to civil court. There, you can argue that the liable party owes you compensation for the losses you endured as a result of their recklessness.
You don’t have to go into that fight alone. Vaughan & Vaughan can help you complete the paperwork you need to go to civil trial. We can stand between you and a liable party should said party try to intimidate you out of legal action. What’s more, we can continually fight for your right to the most possible compensation.
Ready to learn more? You can schedule a free, no-obligation case evaluation with Vaughan & Vaughan today.