Consequences Of Aggressive Driving
Aggressive driving has, in recent years, become a deadly problem on New York roads killing or injuring hundreds of people every year. There have been at least 13,000 injuries and deaths in New York since 1990 in car crashes due to aggressive driving. If you or someone you love was injured in an accident resulting from aggressive driving, you should seek help from a dedicated New York aggressive driving accident attorney to pursue maximum damages.
What Constitutes Aggressive Driving in New York?
Aggressive driving is different from reckless driving. A motorist can be convicted of reckless driving if they drive in a manner that unreasonably interferes with the use of public roadways or endangers other road users. Aggressive and reckless driving are often grouped, and police have latitude when making arrests.
However, under New York law, you are required to demonstrate that the driver was showing disregard for the safety of others for the charge to be upheld in court. Aggressive driving can create dangerous situations, such as:
- Failure to use turn signals
- Failure to break on time
- Tailgating
- Frequent changing of lanes
- Excessive speeding
- Cutting in front of other drivers
- Distracted driving
- Gesturing, honking and yelling
- Ignoring stop signs or traffic signals
Such forms of aggressive driving may result in serious, if not fatal injuries. An experienced NYC car accident attorney, who has been through the legal pitfalls before , can help towards recovering entitled damages.
New York Vehicle and Traffic Law § 1212: Reckless Driving
In New York, aggressive driving is not illegal, while reckless driving is. Aggressive driving may result in a simple citation, while reckless driving will lead to a criminal offense. The accused may end up in jail in addition to getting points added to their driving records and having to pay a fine.
A driver can be charged with reckless driving under New York Vehicle and Traffic Law § 1212 if they unreasonably interfere with or endanger the roads for other users. The driver should have been negligent in operating their vehicle to be convicted of reckless driving.
Reckless driving is a misdemeanor, and a conviction may include:
- Up to 30 days in jail in case of a first offense, 90 days for a second offense, and 180 days for a third offense
- Fine ranging between $300 - $1,125
- Revocation of driving privileges
- Fee of $93
- 5 points on the driving record
- Settlement through a civil lawsuit
Consequences of Aggressive Driving Accidents
Aggressive driving places innocent people in harm’s way. This is an act of negligence. You can hold the driver accountable if their reckless or careless driving resulted in your injuries. These are a few damages recoverable through a car accident lawsuit:
- Medical bills
- Lost wages
- Pain and suffering
New York allows family members to file a wrongful death lawsuit where the result of aggressive driving is wrongful death.
Alarming Increase in Aggressive Driving Incidents in New York
New York ranks first among aggressive and angry drivers as per a 2016 Reuters report. More than 50% of car accidents involved aggressive driving as per a study conducted by the AAA Foundation for Traffic Safety. Hot-headed drivers risking the lives of motorists, pedestrians, and bicyclists have become a serious problem. There is an undeniable link between aggressive driving and car accidents that are believed to be the result of:
- Loud environment and noise
- Overcrowded roads
- Slow-moving and stationary traffic
Discuss a Winning Legal Strategy with our Personal Injury Attorneys to Maximize Damages
The burden of proof in aggressive driving cases in New York falls on the victim. You need an assertive and relentless personal injury attorney who fights for your rights. Michael S. Lamonsoff, better known as ‘The Bull’ in courtrooms for his relentless pursuit of justice and compensation for his clients, has helped recover over $500 million in settlement for his clients.
No matter what the circumstances of your aggressive driving injury case may be, our unwavering focus will always be to maximize your compensation so that you and your family can move forward. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.