Every day, drivers across New York find themselves caught in tense situations on the road. When a driver speeds through a red light or tailgates dangerously close, it's a serious legal issue that could put lives at risk.
If you suffered injuries due to the actions of an aggressive driver, you’re likely feeling a mix of anger, fear, and frustration. It’s a terrifying experience, with potentially devastating consequences.
We prepared this guide to educate you on your rights and provide a path forward.
Want to discuss your situation with an attorney? Our team is here to listen. Call the William Mattar Law Offices today at (716) 444-4444 to discuss your legal options and protect your future.
Table of contents
- What Is Aggressive Driving, and How Is It Different Than Reckless Driving?
- Common Warning Signs of Aggressive Driving
- What to Do When Aggressive Driving Turns Dangerous: Legal Steps to Protect Yourself
- How to Use the Civil Court System to Get Compensation for Any Injuries
- Get the Compensation You Deserve
What Is Aggressive Driving, and How Is It Different Than Reckless Driving?
While both behaviors endanger lives and are punishable under the law, aggressive driving and reckless driving are not identical in the eyes of the court.
Aggressive Driving: A Pattern of Dangerous Behavior
Aggressive driving typically involves a series of dangerous actions that disregard the safety of others. These can include speeding, tailgating, frequent and unsafe lane changes, and running red lights. Aggressive driving can entail a combination of traffic violations that collectively threaten public safety.
When a driver engages in aggressive behavior, it may count as negligence, which can lead to civil liability if their actions result in an accident.
For example, if a driver consistently tailgates another vehicle and then suddenly swerves into a different lane without signaling, they may have violated multiple provisions of the Vehicle and Traffic Law, which is negligence per se.
While these actions alone might result in fines or points on the driver's license, when combined, they create a pattern of aggressive driving that could escalate to more serious legal consequences.
Reckless Driving: A Higher Threshold of Danger
Reckless driving, according to New York Vehicle and Traffic Law (VTL) Section 1212, involves operating a vehicle in a manner that unreasonably interferes with the free and proper use of the public highway or endangers users of the public highway.
For instance, driving at an excessively high speed through a crowded urban area or weaving in and out of traffic at highway speeds could constitute reckless driving.
Reckless driving could result not only fines and points on a license but also potential punitive damages in a civil action, depending on the specific facts.
If you’re involved in a collision with a driver charged with reckless driving, the stakes can be high. You may have stronger grounds for seeking punitive damages, which punish the driver for their dangerous behavior and deter others from similar actions.
Common Warning Signs of Aggressive Driving
Aggressive drivers are often driving recklessly. Here are some common warning signs to help you identify aggressive driving.
Speeding and Tailgating
One of the most telling signs of an aggressive driver is excessive speeding. While driving slightly above the speed limit might occur, aggressive drivers take it to another level, often exceeding the limit by 15 miles per hour or more.
This reckless behavior doesn’t just increase the risk of accidents; it also leaves little room for error. According to the National Highway Traffic Safety Administration (NHTSA), speeding plays a role in about one-third of all motor vehicle fatalities.
Closely linked to speeding is tailgating—when a driver follows another vehicle too closely, often attempting to intimidate or pressure the other driver to move out of the way.
In New York, tailgating is a violation under VTL Section 1129, which mandates that drivers maintain a safe following distance. A driver who tailgates aggressively not only risks causing a rear-end collision but could also be held liable for any resulting damages.
Erratic Lane Changes and Failure to Yield
Another hallmark of aggressive driving is erratic lane changing. Drivers who weave in and out of traffic without signaling or checking their blind spots are an example of this.
These rapid, unpredictable maneuvers increase the likelihood of side-impact collisions and clearly violate VTL Section 1128, which governs the proper use of lanes.
Equally dangerous is the failure to yield, particularly at intersections or when merging onto highways. Aggressive drivers often ignore right-of-way rules, cutting off other drivers or forcing their way into traffic.
Running Red Lights and Stop Signs
Ignoring traffic signals is one of the most blatant signs of aggressive driving. Whether it’s speeding through a red light or rolling through a stop sign, these actions reflect a complete disregard for traffic laws and the safety of others.
Under VTL Section 1111, running a red light is a serious offense in New York and can lead to substantial fines, points on a driver’s license, and even license suspension for repeat offenders.
Verbal Threats and Gestures
While most aggressive driving behaviors involve the vehicle itself, some drivers take their aggression further with verbal threats or threatening gestures. This can include shouting obscenities, honking excessively, or making hostile hand gestures.
Such behaviors, especially when directed at other drivers, can escalate into road rage, a severe form of aggressive driving that may lead to criminal charges under New York’s harassment and assault laws.
What to Do When Aggressive Driving Turns Dangerous: Legal Steps to Protect Yourself
Encountering an aggressive driver can be frightening and disorienting, especially when the situation escalates to danger and you sustain personal injuries. If you find yourself in such a scenario, to protect yourself and seek justice:
Document the Incident
After encountering an aggressive driver, the first and most important step is to document everything. This means gathering as much evidence as possible to support your case should you need to pursue legal action.
Start by taking note of the other vehicle’s license plate number, make, and model. If it’s safe, use your phone to take photos or videos of the aggressive behavior, the damage to your vehicle, or any visible injuries you’ve sustained. Witnesses can also be invaluable—ask for their contact information and whether they’d be willing to provide a statement if necessary. If you have dashcam footage or any other video recording, save those as well.
Report to Law Enforcement
After any car accident that causes personal injury, law enforcement should be immediately notified. This creates an official record of the event, which serves as evidence in any subsequent legal proceedings. When the police arrive at the scene, provide the responding officer details you’ve documented, including any photos, videos, and witness information.
Consult a Personal Injury Attorney
After reporting the incident to the authorities, consult with a car accident attorney experienced in aggressive driving cases.
Things an attorney can help you with:
- Filing a claim for personal injury
- Gathering additional evidence
- Negotiating with insurance companies
- Accurately calculating the full extent of your damages
How to Use the Civil Court System to Get Compensation for Any Injuries
When you’ve been the victim of an aggressive driver in New York, the legal process doesn’t end with traffic violations or criminal charges.
You can seek compensation for your injuries, financial losses, and emotional distress (if you incurred any as a result of the aggressive driver’s actions) through the civil court system. Here’s what you can do:
Filing a Civil Lawsuit: The First Step Towards Compensation
If you suffered injuries due to the actions of an aggressive driver, filing a civil lawsuit is often the most effective way to seek compensation. This process begins with hiring a personal injury attorney who can guide you through the New York civil court system.
In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the accident date. However, this timeline can vary depending on the specifics of your case, such as if the claim involves a government entity, which has a much shorter filing period. You can accurately identify the applicable statute of limitations by consulting an experienced attorney. Acting quickly will help preserve your right to compensation.
Proving Negligence: The Foundation of Your Case
To succeed in a personal injury lawsuit, you must prove that the aggressive driver was negligent. Negligence in legal terms means that the driver failed to exercise reasonable care and that failure directly caused your injuries.
In aggressive driving cases, you can often establish negligence by demonstrating that the driver violated specific traffic laws or engaged in reckless behavior.
For example, if the driver was cited for speeding, tailgating, or running a red light, these violations can serve as evidence of negligence. This is also where all the evidence you’ve prepared will come into play.
Damages You May Be Entitled To
In New York, victims of aggressive driving accidents can seek both economic and non-economic damages:
- Economic damages include tangible financial losses such as:
- Medical bills
- Rehabilitation costs,
- Lost wages
- Future medical expenses
- Loss of earning capacity
In a New York motor vehicle crash case, no-fault insurance will generally pay for certain economic damages. No-fault provides “basic economic loss.” Any losses in excess of “basic economic loss” can be pursued against the at-fault motorist.
- Non-economic damages are more subjective and include compensation for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
As mentioned before, if the driver’s conduct was particularly egregious or reckless, the case will likely fall under reckless driving instead, and you may seek punitive damages. This stacks on top of any economic and non-economic damages you receive compensation for.
Settlement vs. Trial: Weighing Your Options
Most personal injury cases resolve through settlements rather than going to trial. A settlement can offer a faster resolution and provide certainty, as you and the driver’s insurance company agree on a compensation amount without the unpredictability of a court verdict. However, carefully evaluate any settlement offers with your attorney to ensure that they adequately cover all your damages.
If you cannot reach a fair settlement, your case may go to trial, where a judge or jury will determine the outcome. While trials can take time and money, they can also result in higher compensation if the evidence strongly supports your claims.
Get the Compensation You Deserve
Time is not necessarily on your side after an encounter with an aggressive driver. Every day that passes without taking action can make it harder to prove your case, secure evidence, and ultimately, obtain the compensation you deserve. The consequences of delay can be severe—medical bills pile up, wages are lost, and the emotional toll only deepens.
Aggressive driving is a serious issue, and the law protects you, but only if you take the first step. Don’t let the reckless actions of another driver disrupt your life any longer. At William Mattar Law Offices, we’re ready to fight for your rights and help you get the financial recovery you deserve.
Contact us today at (716) 444-4444 for your free consultation and take the first step toward winning your case.