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Road Rage Liability

Posted on in Personal Injury

Road rage has been a significant problem in New York and the rest of the country. Sometimes these incidents even lead to personal injury or property damage.

When you are a victim of road rage, you may be wondering, “Can I sue the other driver who assaulted me in a road rage incident?” If you are able to identify the individual who assaulted you, you may be able to sue the driver for any persona linjuries or property damage to your vehicle, in addition to possible criminal charges.

In New York, criminal law prohibits varying forms of assault. The most basic charge would be assault in the third degree, then it goes up to assault in the second degree, and finally first-degree assault. Third-degree assault is known as simple assault, which means causing harm to someone else with the intent to do so, no matter how the severity of the injury in question. Harmful or offensive physical contact with the individual or with something near the person would establish liability for assault.Any of these instances below may be considered sufficient grounds for the other diver to be liable for assault.

Examples of assault related to road rage include:

  • The other motorist strikes your car with his/her vehicle
  • The other motorist gets out and starts hitting your vehicle, while you are in or near the vehicle
  • After driving you off the road, the other motorist gets out of his/her car and punches you

When you receive medical treatment after an injury in a road rage incident,ensure you obtain your medical bills and records. The medical expenses,any wage loss due to your injuries, and the medical reports will support your claim for damages.

For more information, contact our Greenwich personal injury lawyers at Ivey Barnum & O’Mara for a free consultation today.

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