Aggressive driving is the root of many of the accidents occurring in Maryland. While there are criminal law protecting riders of the road from aggressive driving, there is civil protection as well. There are two types of claims your aggressive driving Maryland accident lawyer can make. The claim you make depends on the conduct of the defendant. Moreover, the type of claim you make dictates the amount of compensation you can recover. This is because the law punishes conduct that is intentional more so than conduct that is merely negligent.
If you are looking for an aggressive driving Maryland accident lawyer, our legal team is here to assist. Our attorneys have been practicing personal injury law for the better part of a century. Since 1954, we have handled thousands of cases and recovered in excess of $100 million for our clients. It is our close, personal attention to detail that sets us apart from the other firms in D.C. and Maryland.
To many any kind of negligence claim, you must prove the requisite elements. In general, the four elements necessary are duty, breach, causation, and damages. Of course, each element requires an intricate understanding of tort law. First, you must prove the defendant owes a duty to the plaintiff and that the plaintiff is foreseeable. Generally, a driver has a duty to maintain control of his vehicle and to operate it in a reasonably prudent manner. The second element to prove is that the defendant breaches the duty. This means the defendant strays from that ordinary duty of care. If a driver is behaving aggressively on the road, this is likely a breach of that duty of care the driver owes you and every other driver on the road.
Third, your aggressive driving Maryland accident lawyer must prove that the breach causes harm to the plaintiff. Fourth, and perhaps one of the biggest questions we get asked, is the issue of damages. In a negligence claim, damages are not presumed by the court. Rather, we must prove every dollar you wish to recover as an injury you suffer, by a preponderance of the evidence. In general, if we can prove the defendant acted aggressively, even if it is a negligence claim, a jury should be more willing to offer a fair verdict and help your odds of winning.
A civil battery is independent from a criminal battery. A criminal battery has a different set of elements for a prosecutor to prove. Plus, the punishment if the defendant loses is jail time. Here, for a civil battery, your aggressive driving Maryland accident lawyer must prove three elements. First we must prove intent by the defendant. Second, we must prove that there is a harmful or offensive touching by the defendant to your person. Relating that to a car accident, the law views a car as connected to you. Accordingly, a car accident of any kind is technically a touching. The third element is causation. This includes both actual and legal causation. Of course, not all aggressive driving is intentional. However, if we can prove that the conduct by the defendant is intentional, then we may be able to recover punitive damages.
This is a major win for a case. In many other states in the country, punitive damages could be given by the court for mere reckless conduct. However, in Maryland, there must be intentional conduct in this context. Although, there are other possible methods in other cases. Punitive damages in a civil case are a ratio of the amount of compensatory damages you get, and are dependent generally on how egregious the defendant’s conduct is. At the most, you may obtain up to nine times what the compensatory damages are in punitive damages. For example, let’s say you suffer $25,000 in compensatory damages. If the defendant acts particularly aggressively and egregiously, you may be able to collect an additional $225,000. So, your total recovery would be $250,000. Of course, this also depends on the skill and ability of your aggressive driving Maryland accident lawyer. A great lawyer can dictate the value of your case at trial.
Whether it is a negligent driver or a driver looking to intentionally harm you, avoiding an accident can be impossible. What we advise doing is maintaining a safe distance away from the driver if possible. Also, drive defensively. This means stay alert. Stay calm and patient, especially in high traffic situations where aggressive drivers are trying to weave around slower drivers. Also, beware of tailgaters. While there is little you can do, try to avoid them if possible. First, it is illegal to tailgate in Maryland. Second, it leads to rear-end accidents. Lastly, our aggressive driving Maryland accident lawyers advise to be defensive in your lane changes. This means check your blind spots and be weary of lingering in other drivers’ blind spots for longer than necessary.
Our legal team is ready to assist you should you have a viable claim against an aggressive driver. If you have any questions regarding the information above, reach out for a free consultation. Our phone lives are available 247/7 at (202) 313-7227.