Aggressive driving can put other drivers, passengers, and pedestrians at risk. In Georgia, aggressive driving is also a specific criminal offense under O.C.G.A. § 40-6-397.
The law applies when a driver operates a vehicle with the intent to annoy, harass, intimidate, injure, or obstruct another person while violating certain traffic laws. If an aggressive driver causes a crash, you may have a civil claim for your injuries and losses.
Van Sant Law has decades of combined legal experience. We can investigate what happened, gather evidence, and help you understand your legal options. Reach out to us for a free consultation with an Atlanta car accident lawyer from our firm today.
What is Aggressive Driving?
At Van Sant Law, our Atlanta personal injury lawyers understand just how prevalent aggressive driving can be. But what distinguishes this practice from other forms of negligence?
Georgia law gives aggressive driving a specific meaning. Under O.C.G.A. § 40-6-397, a driver may commit aggressive driving when the driver intentionally engages in certain dangerous conduct to annoy, harass, intimidate, injure, or obstruct another person. Depending on the facts, aggressive driving may involve a pattern of behavior that can include actions like:
- Following too closely: O.C.G.A. § 40-6-49 prohibits following another vehicle more closely than is reasonable and prudent.
- Unsafe lane changes: O.C.G.A. § 40-6-123 requires a driver to make a lane change or other movement only when it can be made with reasonable safety.
- Speeding: Speeding may be one part of a larger pattern of dangerous driving.
- Running traffic signals: Ignoring a traffic signal may also be relevant when it is part of intentional aggressive conduct.
- Other traffic violations: O.C.G.A. § 40-6-397 refers to several other traffic offenses that may support an aggressive driving charge when committed with the required intent.
The driver’s intent and the full circumstances matter. A civil injury claim can also exist even when no criminal aggressive driving charge was filed. An Atlanta aggressive driving accident attorney from Van Sant Law can help you understand whether what you experienced is aggressive driving.
Atlanta Roads Where Aggressive Driving Can Be a Concern
Atlanta continually ranks among the top U.S. cities for aggressive driving. Someone can engage in this practice on any Atlanta-area road, but busy routes such as I-285, I-75/I-85, and GA-400 see heavy traffic and frequent lane changes, which can increase the incidents of aggressive driving.
With so many drivers sharing these major roads, speeding, tailgating, sudden lane changes, and other unsafe driving can create serious crash risks.
These roads connect many parts of the Atlanta area and can become especially busy during rush hour. If an aggressive driver causes a crash on one of these routes, evidence about what happened before the collision can help show how the crash occurred. An Atlanta aggressive driving lawyer can help you take a closer look at causation.
How Can an Aggressive Driving Accident Lawyer Help?
A lawyer can investigate the events leading up to the crash instead of looking only at the moment of impact. This may include reviewing the police report, dashcam footage, traffic-camera video, photographs, witness statements, vehicle damage, and other evidence that may show how the driver was behaving before the collision.
Documenting the Pattern of Driving
Aggressive driving may involve a series of actions that happen over several minutes or miles. A lawyer may look for evidence showing whether the driver was following too closely, making repeated unsafe lane changes, speeding, cutting off other drivers, running traffic signals, braking suddenly, or intentionally trying to intimidate or obstruct another driver.
For example, we secured a $100,000 settlement for a woman who was injured after being rear-ended. While a rear-end collision is not necessarily the result of aggressive driving, our team can examine certain patterns of behavior, such as following too closely out of impatience, to show that aggression was the source of the at-fault driver’s negligence.
Handling Insurance and Legal Claims
A lawyer can communicate with the insurance companies, gather records, and help document the impact of the car accident and your overall losses. They can also ensure your rights are protected. Fulton County State Court handles tort and personal injury cases, and its civil filings are generally submitted electronically.
Evidence That May Help Prove Aggressive Driving
Aggressive driving cases can depend heavily on evidence showing what happened before the crash. A police report like Form SR-13 may document traffic violations or statements from people at the scene, but other evidence may provide a fuller picture of what happened.
Dashcam and Traffic Camera Footage
Dashcam video from your vehicle, another driver’s vehicle, or a nearby business may show the driver’s actions before the crash. Atlanta Police Department’s records system allows requests for accident reports, incident reports, 911 recordings, calls-for-service records, CAD reports, and certain traffic-camera video.
Witnesses and 911 Calls
People who saw the driver’s behavior may be able to describe what happened before the collision. A 911 call may also help document when the incident was reported and what was reported at the time. Preserving these records early can be important because some evidence may not remain available indefinitely.
Can an Aggressive Driving Charge Help a Civil Injury Claim?
A criminal aggressive driving charge and a civil personal injury claim are separate matters. The criminal case concerns whether the driver violated Georgia criminal law, while the civil case concerns whether the driver is legally responsible for your injuries and losses.
Aggressive driving is a crime under Georgia law. When a driver’s pattern of reckless behavior causes a crash, that criminal conduct becomes powerful evidence in the civil case, and our team at Van Sant Law uses it to fight for every dollar our client is owed, including punitive damages.
Here is a look at how these separate legal matters can combine to aid your pursuit of compensation.
Negligence Per Se
A violation of a Georgia statute may support a negligence-per-se argument when the law creates a duty that protects the injured person and the violation causes the injury. A citation or conviction does not automatically establish every part of a civil claim, so the facts of the crash still matter.
Punitive Damages
Punitive damages may be available in some cases involving especially serious misconduct. Under O.C.G.A. § 51-12-5.1, punitive damages require clear and convincing evidence of that conduct. They are meant to punish or deter serious misconduct rather than simply compensate for an injury.
Medical Bills, Liens, and Other Losses
An aggressive driving crash can leave you with medical bills, lost income, property damage, and other losses. Your claim may also include future medical treatment or other damages when supported by the facts and evidence.
Medical Liens
Medical treatment may sometimes involve a medical lien or another right to payment from a settlement. A lawyer can review these claims and explain how they may affect the money you receive from a settlement or judgment.
Other Damages
Depending on your case, damages may include:
- Past and future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Other losses caused by the crash
The specific damages available depend on the facts of the case and applicable Georgia law.
What We Do in the First 72 Hours
Evidence can be easier to preserve when action is taken soon after a crash. When appropriate, an Atlanta aggressive driving accident lawyer from Van Sant Law can begin working to identify and preserve evidence while the details are still fresh. The first steps may include:
- Preserving dashcam footage from your vehicle and identifying other potential video sources
- Requesting Atlanta Police Department records, including accident reports and other available records
- Requesting 911 records when they may help document the incident
- Sending preservation requests for traffic-camera or other video evidence
- Contacting witnesses and documenting their accounts
- Notifying insurance companies and protecting the claim from unnecessary delays
- Reviewing medical records and bills related to your injuries
Atlanta Police Department’s records system provides request options for accident reports, 911 recordings, CAD reports, calls-for-service lists, and traffic-camera video.
Filing an Aggressive Driving Injury Claim in Fulton County
Georgia generally gives you two years to bring an action for personal injuries under O.C.G.A. § 9-3-33, although exceptions may apply. Waiting too long can also make it harder to preserve video, locate witnesses, and gather other evidence.
Fulton County State Court’s Civil Division handles tort cases, including personal injury matters. Civil filings are generally done electronically.
Claims involving a government vehicle can have additional notice requirements. For example, claims against a municipality may require ante litem notice under O.C.G.A. § 36-33-5. Different rules can apply depending on the government entity involved, so these claims should be reviewed promptly.
What if the Insurance Company Disputes Your Claim?
An insurance company may question how the crash happened, the extent of your injuries, or the amount of your losses. Evidence showing the driver’s actions before the collision can help provide a clearer picture of what happened.
When Bad-Faith Insurance Claims May Apply
Georgia’s bad-faith insurance statute, O.C.G.A. § 33-4-6, applies to certain covered insurance claims when an insurer refuses to pay and is found to have acted in bad faith.
An Atlanta aggressive driving accident attorney from Van Sant Law can review the insurance policies involved, the evidence from the crash, and the losses you have suffered.
The goal is to understand what claims may be available and what evidence can support them.
Aggressive Driving Accidents We Handle
Aggressive driving can lead to different types of crashes, depending on what the other driver was doing. Common examples include:
- Rear-end collisions caused by tailgating or sudden braking.
- Crashes caused by unsafe lane changes
- Multi-vehicle crashes caused by speeding or weaving through traffic
- Crashes involving drivers who run red lights or ignore traffic signs
- Road rage incidents that involve aggressive driving
- Crashes involving commercial vehicles and unsafe driving
Van Sant Law serves clients in Atlanta and surrounding communities, including Alpharetta, Sandy Springs, Lawrenceville, and Duluth.
Get Help From an Atlanta Aggressive Driving Accident Lawyer
If an aggressive driver caused your crash, the events leading up to the collision may matter just as much as the impact itself.
Evidence such as dashcam footage, witness statements, police records, and traffic-camera video may help show what the driver did and how that conduct contributed to your injuries.
Van Sant Law has been serving Georgia clients since 2008 and can investigate your crash, preserve important evidence, communicate with insurers, and pursue compensation for the losses supported by your claim. We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.
