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Establishing Fault in Texas Road Rage Cases

Texas defines road rage as a set of aggressive driving behaviors that often end in violence. Any up-to-date lawyer in the state knows that extreme acts are on the rise: between 2018 and 2022, road rage incidents involving gun violence more than doubled across the country.

Because no aggressive driving accident is the same, holding someone accountable for rage-motivated recklessness requires knowledge of a wide array of Texas laws. That’s what the Texas road rage accident attorneys at Carabin Shaw have to offer if another driver’s aggression caused your injuries.

Defining Fault in Texas Road Rage Cases

No legal codes specifically refer to “road rage” within Texas road rage laws and fault regulations. Instead, a personal injury lawsuit for this offense typically rests on proving a driver’s fault for negligence, recklessness, or intentional harm. In some cases, road rage is so extreme that it constitutes a criminal offense.

Your attorney recommends the best basis for your claim, but you can also review a few possible scenarios below.

When Driver Negligence Applies

Negligence means that someone’s failure to meet a standard of care resulted in your injuries. In reckless driving cases, negligence frequently involves someone breaking a traffic law.

Common forms of driving negligence due to road rage include:

  • Speeding
  • Tailgating
  • Running red lights or stop signs
  • Passing on the right
When Fault Exceeds Ordinary Negligence

Often, however, the actions of aggressive drivers warrant justice for more than simple negligence. For instance, gross negligence is a term for behaviors that demonstrate reckless disregard for the safety of others.

You might sue a driver for gross negligence if they do the following:

  • Try to race with your car
  • Weave between lanes
  • Shout, curse, or gesture threateningly

Finally, the most extreme cases of road rage involve more than mere neglect. When Carabin Shaw Law Firm road rage expertise can show that someone intended to harm you, a case for wrongful conduct is possible. Assault or battery (with the vehicle or another weapon) can accompany rage—and lead to criminal charges along with an injury lawsuit.

When You Share Fault for a Road Rage Accident

State law says that Texas road rage incident liability can be split between you and another driver. If you prove that you’re no more than 50% responsible, you can still sue for damages.

However, any indication that you engaged with another driver’s rage can reduce the damages you’re entitled to. This is why avoiding confrontation and reporting safety concerns can be so crucial for the success of an aggressive driving claim.

How Fault Affects Your Road Rage Claim

Proving fault in Texas road rage accidents depends on the degree of negligence or of recklessness that you’re claiming. For gross negligence or more serious aggression, you have a higher burden of proof, which might require proving the driver’s mental state.

Our team at Carabin Shaw analyzes the details of your accident to determine what the available evidence supports. If a legal action is unlikely to succeed, we take you through explanations and alternative options. And, because we offer our services on a contingency-fee basis, you pay us only if the case we build secures compensation.

Roads to Recovery Following a Road Rage Incident

There are several paths to justice for the pain of being the target of road rage. Your legal choices involve trade-offs, and experienced attorneys can guide you through those decisions with full awareness.

For instance, it might surprise you to learn that another driver’s auto insurance policy can deny a liability claim if the driver behaved recklessly. Starting with a free case review, our attorneys ensure that you’re prepared to handle every potential obstacle with confidence: Carabin Shaw reviews prove it.

You can call the toll-free number 800-862-1260 to speak with our staff in Spanish or English. Our 24/7 availability makes it easy to find support after a road rage accident shakes your safety and well-being.

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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
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