We have all seen drivers that are angry over small things and engaging in extremely dangerous and aggressive driving. Many of these aggressive driving actions cause car accidents in which people are seriously injured. Many highway crashes each year are a result of the effects created when a driver engages in aggressive driving tactics. These tactics involve several different behaviors including erratic lane changing, sudden changes in speed, and excessive speeding.The National Highway Traffic Safety Administration (NTHSA) defines aggressive driving as occurring when "an individual commits a combination of moving traffic offenses so as to endanger other persons or property." Aggressive driving looks a lot like reckless driving when we see it on our roads. However, there is an aspect of aggressive driving that is intentional:
(a) A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, or 40-6-390 with such intent.
(b) Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature.
O.C.G.A. 40-6-397 makes aggressive driving a crime, but this is also an important consideration in your accident case.
How does aggressive driving play a role in your car accident case?
The other driver engaging in aggressive driving and causing an accident with injuries can play an important role in your case. First, most car accident recoveries are made through insurers. The insurance policy that provides coverage to the driver that caused your accident and injuries undoubtedly has certain conditions and exclusions of coverage. Nearly every policy for auto insurance contains an exclusion of coverage condition for accidents that are caused by intentional acts. So, we need to be very careful about how much we rely upon the allegation of aggressive driving in negotiating and litigating towards a recovery in your case.