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A driver may also be liable for an accident due to his or her intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with "willful and wanton disregard" for the probability that such driving may cause an accident. A driver could be found reckless, for example, if he or she drives in a threatening or harassing manner out of "road rage" and causes an accident. (Criminal charges will also stem from such behavior). Road rage is defined as "an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of another motor vehicle or an assault precipitated by an incident that occurred on a roadway."
Statistics compiled in 1997 by NHTSA and the American Automobile Association showed that almost 13,000 people had been injured or killed since 1990 in crashes caused by aggressive driving. According to a NHTSA survey, more than 60 percent of drivers consider unsafe driving by others, including speeding, a major personal threat to themselves and their families. About 30 percent of respondents said they felt their safety was threatened in the last month, while 67 percent felt this threat during the last year.
Traffic safety and law enforcement organizations are renewing efforts to identify and penalize aggressive drivers-those who speed, tailgate, zip from lane to lane, flash headlights in frustration, and engage in other dangerous driving practices. The NHTSA defines aggressive driving as a progression of unlawful driving actions such as:
In the above case it is essential that accident victims take prompt measures to preserve evidence, investigate the accident in question, and have physicians or other expert witnesses thoroughly evaluate any injuries. If you have been a victim of an automobile accident, do not hesitate to call upon personal injury attorneys who are skilled and experienced in accident cases to assess your situation and determine the best methods for you to obtain any compensation available for the damages you suffered.
For more information, please see Avoiding Accidents.
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