Road rage continues to pose a significant challenge to the safety of Colorado drivers. Auto and pedestrian accidents resulting from acts of road rage can lead to catastrophic injury or death.
Our Boulder car accident attorneys stay up-to-date on laws impacting road rage incidents in Colorado to help you recover financially when an enraged driver harms you. Road rage driving transforms the legal dynamics of a car accident and may lead to the insurance company denying a claim and both civil and criminal actions.
Liability in a car accident determines who is at fault for a crash and responsible for paying damages resulting from negligence. An accident resulting from road rage can make it more challenging to identify negligence and the insurance company’s responsibility because road rage is intentional.
Evidence in road rage incidents may be more challenging to collect. However, any documentation identifying the cause of an accident contributes to determining the legal outcome.
Auto insurance’s purpose is to cover the costs of negligence. Negligence may include failure to yield, distracted driving, speeding, and other actions by drivers that cause an accident and resulting damage. Intentional acts of road rage can then lead to charges of criminal behavior, which is not the purpose of Colorado auto insurance.
Due to the uncertainty of insurance coverage in a road rage accident, an injured driver may need to file a civil lawsuit against the at-fault driver to recover damages. Filing a claim against the at-fault driver’s insurance may not be possible. Depending on the at-fault driver’s personal resources, filing a personal lawsuit may pose financial risks.
When two or more drivers exhibit acts of road rage and cause an accident, the fault of the accident may be shared among the drivers. When this occurs, Colorado’s at-fault insurance system allows the insurance company to reduce the amount of compensation you receive by your percentage of fault for an accident.
The insurance companies may be able to prove that both drivers acted criminally. In this instance, both drivers risk having to pay out of pocket for damages. Even in the best-case scenarios, the insurance company potentially has the evidence and ability to minimize your claim.
For example, a driver relentlessly tailgates you on the Foothills Highway as you enter Boulder. You slam on the brakes in a moment of anger, causing the tailgating driver to rear-end your vehicle. Evidence confirms that both you and the other driver acted with intent, causing the accident. The insurance company may deny your claim or significantly reduce any possible compensation if negligence is determined to be the accident’s cause.
Avoid engagement with a driver experiencing road rage to protect your safety and legal rights. In Colorado, at least 56% of emergency dispatch calls are related to road rage or aggressive driving, according to Colorado Public Radio (CPR News). Report an aggressive driver in Boulder to the Colorado State Patrol.
Should an accident occur, remain in your automobile until law enforcement comes. Do not engage with a driver experiencing road rage. Safely document the incident and identify potential eyewitnesses or sources of documentation. Let a Boulder personal injury attorney with Purvis Thomson, LLC serve as a mediator and negotiator for you and the insurance company to maximize your claim.