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Aggressive driving is a major problem in Florida. From speeding and road racing to running red lights and ignoring stop signs, all types of aggressive driving present risks for other motorists. Aggressive drivers are to blame for numerous serious accidents each year, and the Florida Department of Transportation (FDOT) reports that more than half of all roadway fatalities can be attributed to aggressive driving.

What Constitutes “Aggressive Driving” Under Florida Law?

When discussing the definition of “aggressive driving,” it is important to distinguish between the offense of aggressive driving under Florida’s motor vehicle laws and the act of aggressive driving as grounds for liability after an auto accident. While a driver who gets a ticket for aggressive driving can also generally be held liable for causing an accident, a ticket isn’t necessary for establishing an accident victim’s legal rights.

To illustrate, we can look at Florida’s “aggressive careless driving” law. Under Section 316.1923 of the Florida Statutes, a driver can get a ticket for aggressive driving if he or she commits “two or more of the following acts simultaneously or in succession:

• “Exceeding the posted speed . . . ;
• “Unsafely or improperly changing lanes . . . ;
• “Following another vehicle too closely . . . ;
• “Failing to yield the right-of-way . . . ;
• “Improperly passing . . . ; [or,]
• “Violating traffic control and signal devices . . . .”

Crucially, however, proof that a driver committed “two or more” dangerous acts is not necessary to establish liability after an accident. To hold a driver accountable for aggressive driving, it is only necessary to show that the driver’s aggression is to blame (or at least partially to blame) for the crash. As FDOT notes, aggressive driving in this scenario is “anything construed as careless,” which may include:

• Blocking a car from passing (or attempting to block a car from passing);
• Changing lanes without signaling;
• Running a red light or stop sign;
• Speeding;
• Tailgating; and/or,
• Weaving through traffic.

Road rage is considered a form of aggressive driving as well. While road rage occasionally results in physical confrontations, it more commonly leads to accidents as a result of enraged drivers being distracted or acting recklessly behind the wheel.

In short, if you think the driver who caused your accident was driving aggressively, you are probably right—and you can (and should) take action. Aggressive driving is negligent driving, and negligent drivers can be held accountable for causing significant, permanent and fatal injuries under Florida law.

Aggressive Driving and Other Dangerous Driving Behaviors Often Go Hand-in-Hand

While aggressive driving is dangerous on its own, FDOT notes that aggressive driving and other dangerous driving behaviors often go hand-in-hand. For example, FDOT reports that 44 percent of aggressive drivers who cause fatal accidents are also legally impaired. When drunk drivers cause accidents due to aggressive driving behaviors, accident victims and their families will have multiple grounds for pursuing financial compensation. Depending on the circumstances involved, they could have claims against multiple parties as well.

Along with drunk driving, distracted driving is also a common factor in aggressive driving accidents. Simply put, when drivers are focused on riding someone’s bumper or yelling at another motorist, they aren’t paying attention to the task at hand. As a result, accidents involving aggressive driving and distracted driving are also common—and, in these cases, victims and their families will often have multiple options for pursuing claims as well.

How Do You File a Claim for Aggressive Driving in Florida?

If you need to file a claim after an aggressive driving accident in Florida, you should consult with a local lawyer promptly. Florida has some unique laws when it comes to filing claims against negligent drivers (and their insurance companies), so you will need to speak with an attorney to make sure you have a clear understanding of your legal rights.

When you hire an experienced lawyer to handle your aggressive driving accident claim in Florida, your lawyer should:

• Thoroughly Investigate the Accident – Regardless of the circumstances involved in an accident, recovering proper compensation requires proof of what happened. Your accident lawyer will investigate and seek to quickly collect the evidence needed to prove your legal rights.
• Determine if Your Injuries Qualify as “Significant” or “Permanent” – Under Florida’s “no-fault” auto insurance law, accident victims can only file claims against aggressive drivers (and their insurance companies) if they suffered “significant” or “permanent” injuries in the accident. Your lawyer can determine if any of your injuries qualify—or if you may be limited to seeking coverage under your personal injury protection (PIP) policy.  
• Determine What Claim(s) You Can File – Along with assessing your right to auto insurance coverage, your accident lawyer can determine if you have any other claims you can file. These could include, for example, a claim against the aggressive driver’s employer or against a bar that overserved an underage driver.
• Calculate Proper Compensation for Your Losses – Regardless of what claim(s) you can file, you need to know how much to seek for your losses. Your lawyer can assist with accurately calculating proper compensation for your current and future medical needs, lost earnings, and any other financial or non-financial costs you may be entitled to recover.
• Fight for a Maximum Financial Recovery on Your Behalf – Finally, your attorney can fight for maximum financial recovery on your behalf. Even if an aggressive driver is clearly to blame for your losses, recovering full compensation won’t be easy. Your lawyer can deal with the insurance companies for you, and your lawyer can go to court for you if necessary.

Get Help with Your Aggressive Driving Accident Claim

Are you entitled to financial compensation for an accident caused by an aggressive driver in Florida? If so, Spivey Law Firm, Personal Injury Attorneys, P.A. can help you recover the compensation you deserve. To discuss your legal rights with car accident lawyer Randall L. Spivey in confidence, please call 888-477-4839 or request a free consultation online now.