Proving an Aggressive Driver Caused an Accident

Every motorist has encountered aggressive drivers on the road. We see them speeding past, far over the speed limit, weaving in and out of lanes, and combatively horn-honking and tailgating other drivers. But what happens when an encounter with an aggressive driver results in more than just a shake of the head, but a serious car accident? In fault-based insurance states like California, an injury victim or their car accident attorney must show evidence of an at-fault driver’s negligence to recover compensation. How does an injury victim prove that their car accident occurred due to another driver’s reckless actions behind the wheel?

Understanding Aggressive Driving

The National Highway Traffic Safety Administration (NHTSA) states that about one-third of car accidents occur due to speeding—a key characteristic of aggressive driving. Other aggressive behaviors like unsafe lane changes, improper merging, failing to yield the right of way, and tailgating also contribute to car accidents. Often, an aggressive driver exhibits a combination of many of the most dangerous driving behaviors.

According to the NHTSA, aggressive driving occurs when a driver’s traffic violations endanger others by encroaching into their safe driving spaces. Most states don’t have specific laws against “aggressive driving” but instead, they issue citations against the collection of individual traffic violations that make up aggressive driving actions, like speeding and weaving through traffic.

How to Preserve Evidence After an Aggressive Driving Accident

After a car accident caused by an aggressive driver, an injured motorist may be unable to move safely or without causing further injury, but during the chaotic aftermath of an accident, a cell phone becomes a critical tool for summoning help and preserving evidence. After calling 911 and giving reasonable first aid and comfort to any other injured victims, use the cell phone—or ask an uninjured person to use it for you—and do the following:

• Take photos of the damaged vehicles and the accident scene
• Take photos of any visible injuries
• Record what you remember about the other driver’s behavior leading up to the accident and how the accident occurred while they are still fresh in your mind—trauma may fade the memory later
• Add the contact and insurance information of the other driver if possible
• Add the contact information of any eyewitnesses to the accident

When an accident happens in places lacking traffic cameras or nearby surveillance cameras, eyewitnesses are often the key to proving liability. This is particularly true after an accident caused by an aggressive driver.