Omaha Road Rage Accident Attorney

Understanding Road Rage vs. Aggressive Driving

Road rage and aggressive driving are related but distinct behaviors. Aggressive driving includes speeding, tailgating, weaving between lanes, or running red lights. Road rage escalates beyond poor driving habits to intentional acts meant to intimidate, threaten, or harm other drivers.

Examples of road rage behavior include deliberately ramming another vehicle, forcing someone off the road, getting out of a vehicle to confront another driver, or throwing objects at other cars. 

These actions cross the line from traffic violations into criminal behavior that can result in serious injuries.

The distinction matters for your legal case. When an accident results from road rage rather than simple negligence, it may strengthen your claim and potentially lead to additional damages.

Common Causes of Road Rage Incidents

Different factors may contribute to road rage incidents in Omaha and throughout Nebraska. Heavy traffic congestion during rush hours can increase frustration levels, particularly on busy routes like Dodge Street or Interstate 480. Construction zones that slow traffic flow also create conditions where tempers may flare.

Personal stress from work, family issues, or financial problems can make drivers more reactive to minor traffic situations. Some drivers may already be dealing with anger management issues that become amplified behind the wheel.

Certain driving behaviors tend to trigger road rage responses in other drivers. These include cutting someone off, driving significantly below the speed limit in the left lane, failing to signal lane changes, or texting while driving. While these behaviors don’t justify road rage responses, understanding the triggers helps explain how incidents develop.

Injuries Common in Road Rage Accidents

Road rage accidents often result in more severe injuries than typical traffic collisions due to the intentional and aggressive nature of the behavior. When someone deliberately rams another vehicle or forces them off the road, the impact forces are often greater, and the victims have less time to react or brace for impact.

Head-on collisions frequently occur when road rage incidents involve one driver swerving into oncoming traffic or forcing another vehicle into opposing lanes. These accidents typically cause the most serious injuries due to the combined speed of both vehicles at impact.

Victims may sustain traumatic brain injuries, spinal cord damage, broken bones, internal injuries, or severe lacerations from broken glass. The emotional trauma from being deliberately targeted can also lead to anxiety, depression, or post-traumatic stress that requires ongoing treatment.

Legal Challenges in Road Rage Cases

Pursuing compensation after a road rage incident involves unique legal challenges. Unlike typical car accidents, where liability focuses on negligence, road rage cases may involve both civil and criminal proceedings.

Criminal charges against the aggressive driver can strengthen your civil case by establishing clear fault. However, criminal cases prioritize punishment over victim compensation, making a separate civil lawsuit necessary to recover damages.

Evidence collection becomes crucial in road rage cases. Witness testimony carries significant weight since bystanders can describe the aggressive behavior leading up to the accident. 

Dashboard camera footage, if available, provides powerful evidence of intentional actions.

Police reports in road rage cases often contain more detailed information about the circumstances than typical accident reports. Officers may document threats, aggressive language, or other behavior that supports your claim.

Proving Liability in Road Rage Cases

Establishing liability in road rage accidents requires demonstrating that the other driver’s intentional, aggressive behavior caused your injuries. This goes beyond proving simple negligence to showing deliberate actions that created an unreasonable risk.

Documentation becomes essential. Medical records tying your injuries to the accident, photographs of vehicle damage, and any video evidence help build a strong case. Witness statements describing the aggressive behavior provide crucial support for your claim.

Comparative negligence may apply if the insurance company argues that you somehow contributed to the incident. Nebraska follows a modified comparative negligence system, meaning you can recover damages even if partially at fault, as long as your fault does not exceed 50 percent.

Insurance Complications in Road Rage Cases

Insurance entities often try to minimize payouts in road rage cases by arguing the incident was simply an accident rather than intentional behavior. They may claim that road rage exclusions in the policy limit coverage for deliberate acts.

These arguments require careful legal analysis of both the facts and the insurance policy language. Some policies do exclude intentional acts, while others may still provide coverage for the underlying negligent driving behavior.

Multiple insurance policies may be involved if the road rage incident included hit-and-run elements or if your own uninsured motorist coverage needs to respond. Understanding which policies apply and in what order requires experienced legal guidance.

Damages Available in Road Rage Cases

Victims of road rage accidents may be entitled to both compensatory and punitive damages. Compensatory damages cover actual losses like medical expenses, lost wages, property damage, and pain and suffering.

Punitive damages may be available when the aggressive driver’s conduct was particularly egregious. These damages are used to punish the wrongdoer and deter similar behavior, going beyond simple compensation for losses.

The intentional nature of road rage incidents may also affect damage calculations. Courts recognize that being deliberately targeted creates additional emotional trauma beyond what victims experience in typical accidents.

Contact Knowles Law Firm

The attorneys at Knowles Law Firm have obtained multi-million dollar settlements for accident victims throughout Nebraska during our 55 years of practice. We understand that road rage cases require thorough investigation, aggressive advocacy, and the willingness to take cases to trial when insurance companies deny fair settlement offers. Our team takes the time to explain the legal process, returns calls promptly, and works diligently to move cases forward so you can focus on recovery.

When dealing with the aftermath of a road rage incident, you need experienced legal representation that understands both the emotional trauma and complex legal issues involved. We work on a contingency fee basis, meaning you pay no attorney fees unless we obtain compensation for your case. Contact us at (402) 431-9000 or through our contact form to schedule your free consultation.