What is Aggressive Driving?

Aggressive driving encompasses a range of deliberate unsafe driving behaviors that disregard the safety of others. It's more than just a simple mistake; it’s a pattern of risky actions. Common examples of aggressive driving in New Jersey include:

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- Speeding: Significantly exceeding the posted speed limit or driving too fast for conditions.

- Tailgating: Following another vehicle too closely, creating a dangerous situation if the lead car needs to stop suddenly.

- Improper or Erratic Lane Changing: Weaving in and out of traffic, cutting off other drivers, or changing lanes without signaling.

- Running Red Lights or Stop Signs: Intentionally disregarding traffic control devices.

- Blocking Other Vehicles: Preventing other drivers from passing or changing lanes.

- Brake Checking: Deliberately slamming on brakes to intimidate a following driver.

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While aggressive driving is dangerous and illegal, it doesn’t necessarily involve a direct intent to harm a specific individual with the vehicle itself, though it shows a reckless disregard for the safety of all road users.

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What is Road Rage?

Road rage is a more extreme and often criminal escalation of aggressive driving. It typically involves a driver losing their temper and using their vehicle or other means to threaten, harass, or assault another driver, passenger, or pedestrian. Road rage can manifest as:

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- Yelling, Cursing, or Making Obscene Gestures: Directed at another road user.

- Confrontational Driving: Intentionally trying to force another car off the road, ramming another vehicle, or blocking a vehicle from moving.

- Exiting the Vehicle to Confront Another Driver: Leading to verbal or physical altercations.

- Using a Weapon or Threatening to Use a Weapon: This is a serious criminal offense.

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In New Jersey, road rage can lead to criminal charges such as assault, terroristic threats, or even assault by auto if injuries result from the intentional misuse of the vehicle as a weapon. It’s a clear indication that the driver has lost control and is posing an immediate threat.

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The Dangers and Legal Implications in New Jersey

Both aggressive driving and road rage significantly increase the risk of serious accidents. Victims can suffer severe physical injuries, emotional trauma, and significant financial losses.

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From a legal perspective in New Jersey:

- Aggressive Driving Accidents: If an aggressive driver causes an accident, they can be held liable for the damages and injuries they inflict through a personal injury claim. Their actions (like speeding or tailgating) serve as evidence of negligence.

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- Road Rage Incidents: Victims of road rage may have both a civil claim for personal injuries and damages, and the perpetrator may also face criminal charges brought by the state. A criminal conviction can sometimes strengthen a civil case.

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It’s important to note that even if a road rage incident doesn’t result in a crash, if you are threatened or assaulted, you may still have legal recourse.

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What to Do If You Encounter an Aggressive Driver or Road Rage in NJ:

Your safety is paramount. If you encounter an aggressive or enraged driver:

1. Do Not Engage: Avoid eye contact, do not respond to gestures, and do not retaliate. Engaging can escalate the situation.

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2. Create Distance: If possible, safely change lanes, slow down to let them pass, or take the next exit to remove yourself from their vicinity.

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3. Prioritize Safety: If you feel threatened, drive to a safe, well-lit, and populated area like a police station or a busy shopping center. Do not drive home if you think you are being followed.

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4. Call for Help: If you are concerned for your safety or witness dangerous behavior, pull over when safe and call 911. Provide the dispatcher with the vehicle description, license plate number, location, and direction of travel, and a description of the behavior.

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5. Be a Good Witness: If you witness an incident, make mental notes of the details to provide to law enforcement.

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Your Legal Options as a Victim in New Jersey

If you have been injured or your property has been damaged due to another driver’s aggressive driving or road rage in New Jersey, you have the right to seek compensation. This can cover:

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• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress
• Property damage repair or replacement
• In some road rage cases involving intentional harm, punitive damages might be considered to punish the wrongdoer and deter similar conduct.

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An experienced New Jersey personal injury attorney can help you understand your rights, investigate the incident (which may involve obtaining police reports, witness statements, and any available video footage), and build a strong claim against the responsible party.

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Don’t Be a Victim Twice: Seek Legal Help

Dealing with the aftermath of an encounter with an aggressive or enraged driver can be frightening and overwhelming. You don’t have to face it alone.

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Victimized by aggressive driving or road rage in NJ? Understand your legal options. Contact Sarofiem & Antoun for a free, no-obligation, and confidential case evaluation. Our compassionate and skilled attorneys are here to listen to your story, explain your rights, and fight to get you the justice and compensation you deserve. Let us help you hold reckless and dangerous drivers accountable.

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