Denver Road Rage Accident Attorneys
What Is Aggressive Driving?
- Speeding: Driving over the speed limit, especially in residential areas, school zones or construction areas, is a common form of aggressive driving.
- Tailgating: Drivers will often follow too closely to intimidate other drivers, significantly increasing the chance of a disastrous rear-end collision.
- Improper lane changes: Recklessly swerving in and out of lanes without signaling and driving too close to other vehicles disrupts the flow of traffic and increases the risk of accidents.
- Failure to yield: Ignoring right-of-way rules, especially at intersections or roundabouts, is another example of aggressive driving.
- Blocking traffic flow: Deliberately slowing down or refusing to let others merge often escalates tensions on the road.
What Is Road Rage?
How Road Rage and Aggressive Driving Affect Safety on Colorado’s Roads
Civil Penalties for Aggressive Driving in Colorado
Intentional Torts Related to Aggressive Driving
- Assault: In civil law, assault involves the intentional creation of a reasonable fear of imminent harm.
- Battery: Battery occurs when one person intentionally makes harmful or offensive physical contact with another.
- Intentional Infliction of Emotional Distress (IIED): When a driver’s behavior is so outrageous that it causes severe emotional trauma, the victim may have an IIED claim. For instance, a driver who chases another car off the road may be responsible for emotional harm.
Is Road Rage a Crime?
Criminal Laws Involved in Prosecuting Road Rage
- Reckless driving: This crime involves operating a vehicle with willful disregard for the safety of others and is a Class 2 misdemeanor traffic offense.
- Menacing: If a driver threatens another person in a way that causes them to fear for their safety, they may face menacing charges. This crime is a misdemeanor, but the state may elevate the charge to a felony if the facts involve a deadly weapon.
- Assault: If a road rage incident results in physical harm to another person, the state may charge the aggressor with assault. Assault charges range from misdemeanors to felonies, depending on the severity of the injuries.
- Vehicular assault: When aggressive driving causes a serious accident leading to severe injuries, the driver may face vehicular assault charges, a felony offense.
- Harassment: These charges can attach to verbal threats, obscene gestures, or any actions intended to annoy or intimidate another driver.
- Criminal mischief: This comes from deliberately damaging another vehicle during a road rage incident, with criminal penalties varying based on the extent of the damage.
Road Rage Accident Statistics
- Increase in shootings: According to Forbes, road rage shootings escalated by more than 400% between 2014 and 2023, rising from 92 to 481 incidents.
- Injuries and fatalities: In seven years, road rage was responsible for approximately 12,610 injuries and 218 deaths, according to The Zebra.
- Prevalence: A 2024 survey revealed that 96% of drivers had witnessed an act of road rage in the preceding six months.
Road Rage in Colorado
- Ranking: In 2024, Colorado was the fourth worst U.S. state for road rage, according to ConsumerAffairs.
- Gun-related incidents: In 2024, the state of Colorado reported 0.81 road rage incidents involving a firearm per 100,000 residents, nearly double the national average.
- Fatal accidents: In 2024, aggressive or careless driving contributed to 61.9% of fatal accidents in Colorado, equating to 7.41 deaths per 100,000 residents.
- Increase in reports: In 2022, the Colorado State Patrol received 31,760 reports of aggressive driving or road rage, averaging 87 reports daily—a 4.5% increase from 2021, according to Fox31 Morning News.
Recovering Damages Caused by Road Rage and Aggressive Driving Accidents
Types of Damages You Can Pursue
- Economic damages: These include medical bills (current and future expenses), lost wages due to missed work, property damage (e.g., vehicle repairs), and rehabilitation or therapy costs.
- Non-economic damages: These include pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability.
- Punitive damages: In appropriate cases involving intentional harm or reckless disregard for safety, punitive damages can punish the aggressive driver and deter similar behavior.
Why Legal Representation Is Essential
What Our Road Rage Accident Lawyers Do
- Documenting the incident: We work promptly to gather evidence like police reports, witness statements, photos and videos of the accident scene and vehicle damage, medical records, and more.
- Filing an insurance claim: In Colorado, the at-fault driver’s insurance carrier is responsible for covering damages up to their policy limits. If the driver’s insurance coverage is insufficient or the carrier refuses to pay, further legal action may be necessary.
- Filing a personal injury lawsuit: If an insurance claim doesn’t provide adequate compensation, victims can file a lawsuit against responsible parties. To succeed, the victim must prove that an aggressive driver acted negligently, recklessly, or intentionally to cause an accident that resulted in injuries.
- Proving intentional acts: Cases involving road rage often involve claims for intentional acts as described above, like assault, battery, or intentional infliction of emotional distress. These claims require proving that the aggressive driver’s actions were deliberate and caused harm.
- Negotiating or going to trial: Clients and their lawyers resolve many cases through settlement negotiations, where both parties agree on a compensation amount. Without an agreement, the case proceeds to trial, where a judge or jury determines the outcome.
Contact Fiedler Trial Lawyers Today for Representation Related to a Road Rage Accident
Frequently Asked Questions
In some cases, third parties may share liability for your injuries from a road rage accident. For example, if the at-fault driver was operating a company vehicle, their employer may also be accountable under appropriate circumstances.
Passengers injured in a road rage accident can file personal injury aggressive driving claims against the at-fault driver. Passengers may also seek compensation from the driver of the vehicle they were in if that driver contributed to the accident.
Fiedler Trial Lawyers attempts to prove an aggressor’s intentions in a road rage case using evidence like eyewitness testimony, police reports documenting threatening or reckless behavior, admissions by the aggressor, and dashcam or traffic camera footage that captures the incident.
You can bring a claim if the driver who caused a road rage accident fled the scene under appropriate circumstances. Your uninsured motorist (UM) insurance carrier may compensate you if the driver goes unidentified. To learn how we can help you navigate this process and protect your rights, please reach out to Fiedler Law, LLC.
Additional Information in Denver, Colorado
- CDC - Youth Violence Prevention Strategies Compendium: Outlines evidence-based strategies for preventing youth violence, including interventions that address aggressive behaviors and promote safe environments.
- National Highway Traffic Safety Administration - Aggressive Driving Countermeasures: Explores unproven countermeasures for managing aggressive driving and road rage, offering insights into strategies under evaluation for improving road safety.
- AAA Colorado - Tips for Preventing Road Rage and Reckless Driving: Offers practical advice on avoiding road rage incidents and dealing with reckless drivers on Colorado roads to ensure safety for all motorists.
More Frequently
Asked Questions
If you’ve been injured in an accident, there are several important steps you should take to protect your health and legal rights
- Dial 911 – Emergency Services. Get checked out by emergency responders, even if you think injuries are minor, you should always get evaluated. If the accident involved a motor vehicle, file a report with the police This documentation could be important later on.
- Document the Scene: If possible, take photos of the accident scene, your injuries, and any damage to vehicles or property. Collect contact information from witnesses and others involved in the accident READ MORE…
When involved in a personal injury claim, the process can be very intimidating. Many individuals facing this situation are often dealing with life-altering injuries, high medical bills, financial hardships and find themselves feeling very vulnerable.
Hiring a personal injury lawyer can be beneficial in a variety of situations, particularly when you have sustained significant injuries or damages due to someone else’s negligenceREAD MORE…
After being injured in an accident caused by someone else’s negligence, you may be wondering if you actually need to hire a personal injury lawyer. You would want to consult with an attorney, because in most cases, there will be an opposing party in your case that will be working against you. Choosing the right personal injury lawyer for your case is important to ensure you receive the best possible representation and outcome. Hiring a Denver Personal injury lawyer that specializes in that area of law is crucial, to ensure that you are getting proper representation, and your case is in good hands. Having an experienced lawyer like FIEDLER Trial Lawyers is helpful and provides powerful representation.
Here are some tips to help you choose the right lawyer:READ MORE…
The cost of hiring a personal injury lawyer can vary depending on the lawyer and the specifics of your case. However, personal injury lawyers work on a contingency fee basis, which means they only get paid if they win your case. Here’s how the contingency fee structure typically works and other potential costs to consider:
Contingency Fees: Percentage of Recovery: If the lawyer works on a contingency fee basis, they will take a percentage of the settlement or judgment amount you receive if you win your case. This percentage is typically around 33% to 40% but can vary depending on the lawyer and the jurisdiction.
No Win, No Fee: If you do not win your case, the lawyer will not charge you for legal fees. However, there may still be other costs you could be responsible for (discussed below).RAED MORE…
In a personal injury claim, you may be entitled to several types of compensation, also known as damages, to address the losses and injuries you’ve suffered due to someone else’s negligence or wrongdoing. The types of compensation typically fall into three main categories: economic, non-economic, and, in some cases, punitive damages. Here’s an overview of each:
Economic Damages: These damages are intended to compensate you for actual financial losses resulting from the injury:
Medical Expenses: Compensation for past, current, and future medical costs, including hospital bills, surgeries, medications, rehabilitation, and any other necessary medical treatment. READ MORE…
The value of a personal injury case can vary greatly depending on several factors unique to your situation. Since each case is different, there is no standard formula to calculate the exact value. However, here are some key factors that generally affect the worth of a personal injury case:
Severity of Injuries: The more serious and long-lasting your injuries, the higher the potential value of your case. This includes considering whether your injuries result in permanent disability or disfigurement.
Medical Expenses: Your case will take into account all medical expenses you have incurred, as well as future medical costs related to your injury.
Lost Wages and Earning Capacity: The case can include compensation for lost income due to time off work and any future loss of earning capacity if your injuries affect your ability to work.READ MORE…
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