An aggressive driving DC accident lawyer at Gelb & Gelb can help sort out your life after a collision. Aggressive driving includes conduct that places other people or property in danger. Nationally, aggressive driving remains a significant cause of vehicle accidents. Speeding, tailgating, failing to signal, or making obscene gestures in traffic may be described as aggressive driving. And it often does not stop there. This driving behavior can result in tragedy if it causes a crash. Aggressive driving is a form of road rage, a more exaggerated form of aggressive driving. When this happens, punitive damages may be available, exponentially increasing the value of your case. Although, when there is intentional conduct in an aggressive driving accident in DC, auto insurance may not cover these damages. Thus, you should consult a DC car accident attorney to decide the best option.
Hiring an aggressive driving DC accident lawyer and bringing a lawsuit against a driver provides a means to recover damages for harm suffered in a wreck. Washington, D.C., car accident attorney Roger Gelb advocates for victims of reckless driving to get them the compensation they deserve. Attorney Gelb focuses his legal practice on assisting those hurt in vehicle accidents and has personally represented thousands of clients. At Gelb & Gelb, clients speak directly with Mr. Gelb during their legal representation as he handles every case in the firm. As a recognized leading advocate for accident victims’ rights, Mr. Gelb has recovered multi-million dollar verdicts and settlements for individuals and families. He is available to represent clients throughout Washington, D.C.
Aggressive driving places others on the road, including drivers, passengers, pedestrians, bicyclists, and other miscellaneous riders, at risk of harm. All drivers owe others the duty to operate their vehicles reasonably and to avoid causing foreseeable harm. Aggressive driving may breach this duty, exposing the at-fault driver to liability if the injured victim pursues a negligence claim.
In a personal injury lawsuit alleging negligence, the plaintiff must prove all elements of the claim: duty, breach, causation, and damages. While there remains a general duty to drive reasonably, avoiding harm to others and maintaining vehicle control are also duties. Aggressive driving impacts a person’s ability to maneuver the car in a calm, controlled manner. Aggressive driving often stands in stark contrast to the legal duty imposed on all drivers.
Driving aggressively may be an example of a breached duty of care because it is unlikely to reach the standard required of all drivers. In a negligence case, the fact finder will compare the defendant’s conduct or failure to act with the actions of a reasonable person. In other words, if the accident occurred on a crowded highway, and the driver tailgated aggressively, weaving in and out of traffic at high speed, the fact finder would likely consider that a reasonable person would not operate their vehicle in this unsafe manner. This conduct would probably be deemed a breach of the duty to use reasonable care, avoiding foreseeable accidents.
Tailgating is the common term for driving following too closely behind another driver, and in extreme forms, it can constitute aggressive driving. When a driver fails to exercise caution and provide enough space between vehicles, the result may be a rear-end collision. Generally, those drivers who tailgate another car may be held legally accountable for the harm they cause, including monetary compensation to victims of the collision.
Unlike other firms where clients may be directed to paralegals or other staff, Mr. Gelb speaks directly with clients throughout the course of his representation. Injured individuals and their families rely on Attorney Gelb to help them pursue full compensation for their harm, and the firm has successfully settled, arbitrated, or litigated thousands of personal injury lawsuits, primarily vehicle collision cases. Mr. Gelb and the team at Gelb & Gelb have recovered over $150 million for clients.
Tailgating is dangerous because it does not provide enough time or space for the tailgating driver to slow down and avoid a crash. Following too closely may also cause the driver in front to feel intimidated, leading to further unsafe driving. Washington, D.C., maintains laws that require drivers to maintain a safe following distance behind other vehicles. These laws also require that drivers consider the speed of nearby vehicles and other traffic and road conditions when determining a safe following distance. If a tailgating accident occurs, the victim may pursue a negligence lawsuit for damages.
Once we prove liability, the injured individual must set forth damages. In an aggressive driving accident case, damages are financial compensation for all harm caused in the crash. To prove damages, the victim quantifies their accident-related costs, typically including lost wages due to physical and emotional harm, medical expenses for treatment, and property damage. Pain, suffering, and loss of consortium are damages that a successful plaintiff may secure in a negligence claim.
If we first prove liability, then we move on to damages. Sometimes, our trial will only involve the damages portion of your case as liability is already clear. When this happens, our aggressive driving DC accident lawyers review your medical records, interview witnesses, and discuss how the accident has affected your life.
The first and often most significant portion of your damages is medical expenses. The amount you owe in medical expenses is typically correlated with the severity of your injury. To calculate the total damages, we consider past and future medical expenses so long as they relate to the accident. To determine whether they pertain to your accident, we read through your medical records to check whether your doctor relates the treatment to your aggressive driving accident. If they do, you should be entitled to full compensation for the treatment. We cannot ask your doctor to include the accident in your medical record. They must do this on their own. However, you should tell them you were in a wreck and let them determine if it is related.
In addition to past medical expenses, we must calculate any future medical expenses you may be on the hook for. The last thing we want to do is settle your case for an amount without considering any future costs. So, we consider any prescription costs, follow-up appointments, or anything else in the future related to your accident. This concept will also be applied to lost wages, which we examine next.
Our aggressive driving DC accident lawyers can recover lost wages on your behalf for various reasons.
When an aggressive driving DC accident lawyer seeks damages for pain and suffering, we consider the following:
Note that we must prove each of these elements. For some, we require a doctor to testify that these symptoms are present. There is no presumption that you have suffered a loss of enjoyment of life just because we prove that the other driver caused the accident and you suffered a physical injury. Are you now unable to participate in a hobby? Maybe you frequent the gym a few times a week. If you tear your shoulder, you are now unable to do this to the degree you prefer or not at all. We include these details in your case.
Punitive damages are rare in Washington, DC. While our aggressive driving DC accident lawyers always seek punitive damages when available, aggressive driving does not always rise to the requisite level. Only about 5% of verdicts include an award of punitive damages. But what are punitive damages? Punitive damages act as punishment and serve as a measure of deterrence against particular misconduct.
In DC, we may only recover punitive damages for an intentional tort within our context. Thus, aggressive driving is one of the only instances in a car accident case where punitive damages may apply. We calculate punitive damages by first calculating your compensatory damages. Those damages are the sum of the three subcategories we discussed above. Then, a judge or jury selects a number between zero and nine. That number is determined based on how egregious the defendant’s act caused your injuries. The more egregious the act, the higher the number. This number is a multiplier. We multiply that number by the compensatory damage award, and you have your punitive damages.
The typical punitive damage multiplier is three times the compensatory damages.
If a victim is killed in an aggressive driving accident, their surviving family members may be able to bring a wrongful death claim against the defendant driver. Spouses and other relatives of the decedent can get this type of claim, as well as survival actions in cases where the victim did not die immediately.
Aggressive driving DC accident lawyer Roger Gelb appreciates the sense of injustice that often follows aggressive driving accidents in Washington, DC. The emotional aftermath and physical harm you face in a vehicle collision can prove overwhelming. At Gelb & Gelb, we are here to help you set forth a claim for maximum damages. We include future costs that help you cover all anticipated expenses related to the accident. Attorney Gelb’s diligent representation has helped secure over one hundred million dollars worth of compensation for accident victims. To understand more about the specifics of your legal case, call our office today at (202) 331-7227 or fill out our online form.
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