Every time you get behind the wheel now, your hands shake. The aggressive driver who tailgated you for miles before forcing the collision may have walked away unscathed, but you're left with mounting medical expenses, missed work days, and emotional trauma that affects every aspect of your daily life.
At Kirshenbaum & Kirshenbaum Attorneys at Law, we recognize that road rage injury claims need comprehensive legal support to prove the other driver’s negligence and pursue proper compensation for your physical injuries and psychological suffering. Here’s how we’ll work with you to protect your financial future and hold dangerous drivers accountable.
What Is Rhode Island's Legal Framework for Road Rage Cases?
R.I. Gen. Laws § 31-27-4 defines reckless driving as “any person who operates a motor vehicle recklessly so that the lives or safety of the public might be endangered.”
So, with this law as a starting point, our team might also rely on the statute R.I. Gen. Laws § 31-27.1-3 to reinforce your road rage case, which states that “aggressive driving means that an individual, coincident to operating a motor vehicle…engages in conduct which violates two (2) or more of the following sections of law.” Those sections include:
- Ignoring traffic signals or other traffic control mechanisms.
- Passing another vehicle on the right side improperly.
- Drifting out of the designated traffic lane.
- Driving too closely behind another vehicle or tailgating
- Failing to yield the right-of-way when the law requires it.
- Entering a roadway without exercising proper caution.
- Improper or inconsistent use of turn signals.
- Not stopping at stop signs, yield signs, or when a school bus is stopped.
- Misusing the emergency or breakdown lane for regular driving purposes.
If the other person’s road rage escalated beyond aggressive driving to physical confrontation or intentional vehicle contact, there might also be grounds to file criminal charges, including assault, battery, or felony charges depending on severity. These criminal proceedings often strengthen civil cases by establishing clear liability against the aggressive driver.
Documenting the Aggressive Driving Incident
Strong proof forms the foundation of successful road rage injury claims. Even though your incident already occurred, you can still take important steps to preserve critical evidence for your case, such as:
- Police reports. If you called 911 at the scene, obtain copies of all police reports filed. These official documents create a factual record and may include witness statements, citations issued, or criminal charges filed against the other driver.
- Witness information. Contact anyone who observed the aggressive driving behavior or the accident itself. Other drivers, passengers, or bystanders can provide powerful testimony about what they witnessed leading up to the collision.
- Technology evidence. Many intersections and highways have traffic cameras that may have captured the incident. Dashboard cameras from your vehicle or others nearby can provide compelling video proof of aggressive negligence and fault. Our investigative team at Kirshenbaum & Kirshenbaum will help you obtain this data, too.
Also, write down everything you remember about the other driver's specific behaviors, including tailgating, weaving between lanes, excessive speeding, obscene gestures, or verbal threats. These details help establish a pattern of reckless conduct that directly caused your injuries.
Overcoming Insurance Company Challenges to Your Road Rage Injury Claim
Insurers often initially resist paying on these cases by arguing that intentional acts aren't covered under standard automotive policies. However, since your case is thoroughly prepared by one of our experienced Rhode Island car accident attorneys, you can count on us to examine all policies involved to identify available coverage sources. This includes:
- The at-fault driver's liability coverage
- Your own uninsured/underinsured motorist protection
- Any umbrella policies that might apply
Another insurance company tactic is to attempt to minimize road rage claims by arguing that both drivers contributed to the escalation. Rhode Island follows comparative negligence rules, which means you can still recover damages even if you bear some responsibility for the incident. If you happen to share a percentage of fault, your compensation is reduced by that percentage, making proper documentation and legal representation crucial for maximizing recovery.
Skilled counsel helps counter these and other challenges. Hiring our team ensures your road rage injury claim receives unparalleled attention to support your legal rights. You don’t have to suffer through this ordeal on your own. As one of our clients said, “from proving liability, total loss settlement negotiation, guiding me through the personal injury aspects, and making sure I received all the medical care I needed….without my attorney through Kirshenbaum & Kirshenbaum, I don't think I would have been able to get as favorable an outcome by myself.”