Have you been injured in an accident in the Bay Area that was caused by another driver’s deliberately dangerous behavior? If so, you may be dealing with a car accident caused by aggressive driving, resulting in injuries and damages directly linked to reckless actions on the road. The San Mateo aggressive driving accident attorneys at Carcione, Henderson & Markowitz, LLP want to help.

We have decades of experience recovering fair compensation for people in situations like yours.

Aggressive driving claims often result in higher compensation amounts due to the deliberate nature of the actions involved. Victims of aggressive driving accidents can seek legal help to recover compensation for medical bills and lost wages, in addition to other damages. We know you’re in pain and likely concerned about the future. That’s why we will handle all the legal work in your case, giving you the time you need to focus on healing. Contact us today at (650) 367-6811 for your free consultation, and let’s discuss your next steps together.

Why Choose Carcione, Henderson & Markowitz, LLP for Aggressive Driving Accident Cases?

Our aggressive driving car accident lawyers have over 40 years of experience in personal injury law, giving us in-depth knowledge we use for your benefit. Our case results include multiple verdicts and settlements of $1 million or more, and we use every available tool to maximize your potential compensation.

Moreover, we limit our caseload so that we can provide the comprehensive support you deserve. We will treat you with respect and courtesy at every stage while aggressively defending your interests during negotiations with the insurance companies. Our goal is simple: to get you every dollar you need in order to live your fullest life possible after an accident.

Here’s what one client said about their experience with us:

“All staff members of Carcione, Henderson & Markowitz, LLP were extremely supportive and helpful. I had minimal effort for a one-and-a-half-year-long process, which ended successfully. Everything was handled transparently, conveniently, and professionally. Communication was very fast, efficient, and supportive. I would definitely recommend that office and am grateful for everything.” — Jonas N.

How a Reckless Driving Injury Attorney Can Help with Your Claim

At Carcione, Henderson & Markowitz, LLP, our reckless driving injury attorneys guide you through every stage of your claim while protecting your rights from the start. We examine the facts of your crash, gather records, and speak with witnesses to build a strong strategy. Police reports are a crucial source of information in aggressive driving cases, as they often document specific violations and details about the incident, so we meticulously analyze them. We also scrutinize crash data to support your claim and demonstrate the impact of aggressive driving. These cases also involve strict deadlines, so we organize your evidence and track each legal requirement to minimize the chance of any issues.

Insurance companies often challenge these claims to limit your compensation. Our lawyers communicate with insurance adjusters for you, respond to document or evidence requests, and push back when the adjuster tries to downplay your injuries or the driver’s behavior. We keep the discussion focused on the evidence and the law so you don’t face unfair pressure.

You may need medical reports, crash reconstruction, phone records, or proof of prior dangerous conduct. We coordinate this work and present it in a clear, direct way. We also help you document your losses, including medical costs, lost income, and the effect of the crash on your daily life. If the insurer refuses to resolve the claim fairly, we prepare your case for court and present compelling arguments to the judge or jury. You stay informed throughout the process, and we explain each step so you feel confident in your decisions.

What Is “Aggressive Driving?”

The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as an individual committing a combination of moving traffic offenses to endanger other persons or property. This means aggressive driving involves specific actions that put both people and property at risk.

California law does not include a specific definition of “aggressive driving.” However, the legal definition of reckless driving is operating a motor vehicle with a “willful or wanton disregard for the safety of persons or property.” The law requires drivers to act with reasonable care and avoid actions that could cause injuries or property damage. Similarly, another California law states that drivers must not drive at speeds “greater than is reasonable or prudent” given road, traffic, weather, and other conditions.

Some examples of aggressive driving behaviors include:

  • Tailgating another driver at an unsafe distance
  • Making unsafe attempts to change lanes, such as switching lanes without signaling or checking blind spots, which increases the risk of sideswipes
  • Speeding through traffic, exceeding the speed limit, or weaving between lanes
  • Ignoring traffic signals or stop signs
  • Failing to obey yield signs, which significantly increases the risk of collisions, especially at intersections
  • Blocking another driver from merging
  • Cutting off another vehicle
  • Accelerating toward a yellow light to beat the signal
  • Honking, yelling, or making threatening gestures
  • Suddenly slamming on the brakes, especially in heavy traffic
  • Following a driver after a traffic dispute

Why Accidents Caused by Aggressive Drivers Often Result in Severe Injuries

Aggressive driving creates fatal crashes by eliminating the safety margins that everyday driving provides.

Drivers who speed, weave through traffic, tailgate, or engage in other aggressive behavior leave little time for other motorists to react. When a crash occurs under these conditions, the force of impact is usually higher, and collisions happen at greater speeds. This intense force often results in severe injuries, including broken bones, head trauma, or spinal injuries.

Aggressive drivers also take more risks, such as running red lights, cutting off other vehicles, or following too closely. These behaviors make collisions harder to avoid due to the aggressive driver’s unpredictable actions. The combination of multiple aggressive behaviors exponentially increases the danger. Even minor collisions can become serious because the driver’s behavior leaves no margin for error. Passengers, pedestrians, and other drivers face greater danger in these situations, especially those on the receiving end of aggressive driving.

Due to the extreme impact forces in aggressive driving accidents, victims often need extensive medical treatment. Injured drivers and passengers may require surgery, long-term physical rehabilitation, or ongoing treatments. The financial impact can also be significant, as victims may miss weeks or months of work while they heal, or they might not return to work at all. Accordingly, proper legal support is essential to win these cases and help victims recover the resources they need to rebuild their lives.

What to Do After a Crash Caused by an Aggressive Driver

If you have been injured in a car accident caused by aggressive driving, the most important steps are to call the police and seek immediate medical treatment. Once you’ve done that, follow these steps to protect your health and legal rights:

  • Obtain a copy of the police report or record the report number for your records.
  • Keep a detailed record of your medical visits, treatments, and any prescribed medications. Save all your medical bills.
  • Track any time you miss from work or daily activities because of your injuries, and keep documentation of lost wages.
  • Notify your insurance company but avoid giving recorded statements about fault or blame.
  • Preserve any physical evidence, such as damaged personal items.
  • Avoid posting details or opinions about the accident on social media.
  • Consult a San Mateo car accident attorney promptly to review your claim and advise on next steps.

Seeking legal help after a car accident caused by aggressive driving is crucial, as victims may be able to recover compensation for medical expenses, lost wages, pain and suffering, and sometimes punitive damages.

Who Can Be Held Liable in an Aggressive-Driving Car Accident?

The person or other party who’s liable for a car accident caused by aggressive driving is whoever’s careless or reckless actions endangered other persons and caused the collision. In most cases, that’s the aggressive driver. For example, if a driver was tailgating you and rear-ended you at an intersection, they would likely be liable for the crash. That said, you still need evidence of the other driver’s negligence and the extent of your injuries.

There are some cases in which other parties may be partly responsible for a car accident caused by aggressive driving. If the other driver’s car had defective brakes, for example, you can argue that the defect made the crash more likely. These defects can make an automaker or parts manufacturer liable. Our car accident attorneys can investigate the collision and identify everyone who’s responsible for your injuries.

What Financial Compensation Might Be Available for Victims?

Depending on the extent of your injuries, the available evidence, and other factors, your compensation from an aggressive driver crash claim could include money for:

  • Past and future medical expenses related to the collision, including medical bills
  • Lost income and lost wages while you treat your injuries
  • Reduced future earnings due to a long-term injury or disability
  • Pain and suffering
  • Emotional distress
  • Diminished quality of life
  • Damaged personal property, including the cost to repair or replace your car

Common Challenges in Aggressive Driving Claims

Claims involving aggressive driving often involve unique challenges. Insurance companies frequently argue that their driver is not responsible for the collision, especially if the crash involved multiple vehicles or complex traffic patterns. An insurer might also say that your actions contributed to the crash.

Furthermore, proving aggressive driving can be difficult without clear evidence. Crash data and police reports are important sources for supporting aggressive driving claims, but police reports often record specific violations rather than the broader behavior of aggressive driving. This can impact the accuracy and comprehensiveness of the data used for analysis. Crash data is collected, reported, and categorized, but discrepancies exist in how aggressive behaviors are documented.

Eyewitness accounts, traffic camera footage, or dashcam recordings help, but these sources are not always available. Additionally, you must provide medical documentation showing a direct link between the crash and your injuries, and insurers often scrutinize these records closely.

Finally, insurance adjusters may try to minimize your claim by questioning your credibility, downplaying the severity of your losses, or suggesting that delays in seeking treatment worsened your injuries. A skilled reckless driving injury attorney can address these challenges by gathering strong evidence, coordinating with medical and accident reconstruction experts, and presenting a clear, organized claim.

Deadline to File an Aggressive Driving Car Accident Claim

California law generally gives you two years (2) from the date of an aggressive driving accident to file a lawsuit against any liable parties. You don’t want to wait that long, though, as critical evidence might disappear and memories will fade. These cases also take time to build, so contacting a lawyer as soon as possible is the best step to protect your rights.

Contact a San Mateo Aggressive Driving Car Accident Lawyer Today

You shouldn’t pay the price for an aggressive driver’s actions. Our aggressive driving accident attorneys have the experience and drive to hold the other driver accountable and help you rebuild your life. Call Carcione, Henderson & Markowitz, LLP at (650) 367-6811 or complete our contact form today for a free consultation.