Aggressive Driving Accidents: Injuries and Claims

Nevada law recognizes the danger posed to people by individuals who engage in aggressive driving. The law prescribes criminal penalties that may be imposed on a driver who commits certain reckless acts and creates a hazard by driving aggressively. Aggressive drivers also may be held financially accountable.

Side profile angry driverSide profile angry driver

The personal injury lawyers of Sam & Ash, LLP in Las Vegas can help anyone injured in an accident caused by an aggressive driver pursue compensation for their medical bills and other losses.

Talk with a lawyer at Sam & Ash before settling your insurance claim if you have been seriously injured in a car accident caused by someone else’s aggressive driving. Insurance adjusters typically try to settle accident claims for less than the fair value or by denying the claim altogether. Sam & Ash can seek full compensation for your losses.

Contact us today for a free consultation. We can start working on your injury claim immediately and will demand What’s Right for you.

How Does Nevada Define Aggressive Driving?

Nevada law defines aggressive driving as committing a series of reckless acts within one mile of driving. A driver may be ticketed for aggressive driving by:

  • Exceeding the speed limit in a school zone or crossing or in a work zone
  • Committing two or more of the following:

o Driving unsafely on a multi-lane highway
o Failing to obey a traffic sign or signal
o Illegally passing another vehicle on the right
o Following too closely
o Failing to yield the right of way to an emergency vehicle or at an intersection

  • Creating an immediate hazard to another person or vehicle, including anyone in the aggressive driver’s vehicle

Any of the reckless acts listed above can lead to an accident and serious injuries to another driver, passengers, pedestrians, or others. Separate from criminal law, Nevada allows people who are injured due to others’ misconduct or disregard for safety to pursue a civil claim for compensation from those who have harmed them.Aggressive DrivingAggressive Driving

If you have been injured in an accident caused by aggressive driving or any of the reckless actions cited in Nevada’s aggressive driving law, you may have a right to demand compensation for your injuries and other losses. We can help you bring a claim, even if the driver was not convicted or ticketed for aggressive driving.

Injuries from Aggressive Driving Accidents

In a car accident personal injury claim, the majority of the compensation sought is typically for the injured person’s medical bills. Emergency care, hospitalization, surgery, and rehabilitation for injuries suffered in a car accident can easily cost tens of thousands of dollars. Catastrophic injuries, such as paralysis, can lead to a lifetime of care needs with costs that easily top $1 million.

Our aggressive driving accident attorneys at Sam & Ash can assist you with an injury claim if you have suffered such injuries as:

  • Head and traumatic brain injuries
  • Spinal cord injuries (paralysis)
  • Back and neck injuries, including whiplash
  • Facial injuries
  • Traumatic amputations
  • Internal organ damage
  • Broken bones
  • Burns
  • Psychological injuries such as post-traumatic stress disorder
  • Serious sprains and strains
  • Significant lacerations and bruising

To develop an accurate accounting of what you are owed after an aggressive driving accident, our attorneys typically must wait for you to complete your recovery and then calculate your total medical bill costs, loss of income, and other losses.

Seeking Compensation for Aggressive Driving Accident Injuries

In addition to sky-high medical bills, being badly injured in a car accident often leads to extended time out of work and other losses that can cause lasting financial harm if you do not obtain an appropriate settlement from the at-fault party.

As your attorneys, Sam & Ash would make an accounting of your compensable losses such as:

  •  Medical care. All care, from emergency response to medication, diagnostic imaging, surgery, hospitalization, specialist consultations, rehabilitation, and other medical expenses related to your accident should be part of a settlement.
  • Future medical needs. Some serious injuries require medical procedures that must be delayed and/or ongoing treatment. In cases of permanent disability, adaptive equipment, such as wheelchairs, prosthetics, and other devices, are part of projections for future medical needs and their costs.
  •  Lost income. In addition to lost work time, you may face diminished earnings in the future because of your injuries. Lost income calculations properly include the value of benefits lost and unrealized raises, commissions, and bonuses.
  • Property damage. In addition to the costs of repairing or replacing your vehicle, you may have lost other valuable personal property in the accident.
  • Pain and suffering. Nevada allows the unjustly injured to seek compensation for physical pain as well as for physical impairment, disfigurement, inconvenience, and general loss of enjoyment of life.
  • Emotional distress. Compensation may also be available for psychological pain, such as depression, insomnia, anxiety, or other issues, as well as for counseling required to help you cope with these kinds of issues after the accident.

Once we have added up the full extent of your losses and identified who is responsible for the accident, we can present the at-fault driver’s auto insurance provider with a demand letter citing the compensation you are owed. If the insurer will not agree to a proper settlement, we can file a formal civil lawsuit and will be prepared to present a strong case on your behalf in court.

Proving Liability for an Accident Caused by Aggressive Driving

As your attorneys, Sam & Ash can investigate the accident to determine what happened and who was at fault. In general, we will need to compile evidence to satisfy a jury that:

  • The other driver is responsible for the accident
  • The accident led to your injuries
  • Your injuries caused you harm that can be made right through monetary compensation.

The type of evidence we typically seek includes:

  • Police report. The other driver may have been ticketed for aggressive driving. A ticket or even a conviction is not necessarily conclusive for a claim, but either is an indicator of some degree of fault. Even without a ticket, the police report is the first documentation of the crash.Mid adult woman driving and looking scared and surprised at the road in front of her.Mid adult woman driving and looking scared and surprised at the road in front of her.
  • Driving record. If the at-fault driver who injured you has a record of aggressive driving habits (i.e., speeding, running stoplights, illegal passing, etc.) this may be used as evidence to help persuade insurers of liability, as well as in any eventual lawsuit. A prior record might be excluded at a criminal trial, but civil law is different.
  • Accident scene and vehicle damage. Such evidence as skid marks or lack of skid marks, damage to roadside structures, and vehicle damage help illustrate how the crash happened and its severity.
  • Witness statements. You, your passengers, and other witnesses may have seen the other driver’s aggressive driving prior to the accident. We will get statements from you about your pain and suffering and other ways your injuries have impacted your life.
  • Surveillance camera footage. In Las Vegas and other urban areas of Nevada, there are many security cameras that could have recorded the other driver’s aggressive behavior, if not the actual crash you were involved in. We move quickly to seek this video footage before it is taped over or discarded.
  • Vehicles’ event data recorders (EDRs). Late-model automobiles in the U.S. are equipped with EDRs, or “black boxes,” which record data from moments before the impact of a crash. An EDR download can identify engine speed, changes in speed, use of brakes, steering trajectory, the number of impacts in the crash, and more.

It is best to start a car accident investigation as soon as possible after the crash has occurred. Some evidence, such as at the crash scene, deteriorates quickly, as do witnesses’ memories. As soon as you have engaged us as your attorneys, we can begin our investigation, including moving to have evidence, such as the other driver’s damaged vehicle, preserved so we can gain access to them.

Contact a Las Vegas Aggressive Driving Accident Lawyer

Drivers who purposely create dangerous situations on Nevada roadways by speeding, illegal passing, and other forms of aggressive driving can and should be held accountable when they injure others. The car accident attorneys of Sam & Ash, LLP, understand the costs and suffering you face after being injured in a car crash and will move aggressively to make things right for you. We base our services on your needs and seek the fastest and most direct path to recovering an appropriate settlement for you.

Contact Sam & Ash in Las Vegas today if you or a loved one has been injured in an aggressive driving accident in Nevada. We’re here to make sure your needs are taken care of. We’ll listen to you, discuss potential compensation available to you, and work to get What’s Right for you. Call us now!