Road rage injury compensation claims
In this article we explain everything you need to know about making a successful road rage injury compensation claim.
Of the 3,494 reported incidents involving aggressive driving in a 12-month period, 833 resulted in serious or fatal injury. Reported road rage incidents have increased by 70% in the past three years, and 53% of people have admitted that the poor driving of others makes them angry.
Road rage is a sudden violent anger provoked in a motorist by the actions of another driver or road user. Road rage might include rude hand gestures, verbal abuse, threats of violence, dangerous driving such as tailgating, vehicle damage and violent behaviour such as assault.
The Royal Society for the Prevention of Accidents advice
To avoid road rage, it is important for drivers to remain calm on the road. The Royal Society for the Prevention of Accidents (RoSPA) recommend that drivers leave plenty of time to reach their destination to avoid stress.
RoSPA also advise that drivers try to avoid assuming that other drivers' bad driving is a deliberate provocation. In the majority of cases, drivers may not realise they are acting in a provocative manner.
If you encounter road rage while driving, RoSPA strongly recommend that you do not retaliate. Avoid making eye contact with an angry driver, and if they begin to follow, do not return to your home but drive instead to a busy public place or police station.
I have a strong claim - why won't a solicitor take it on?
When making a compensation claim for road rage, a number of factors will be considered.
- If physically assaulted, the extent and severity of the injury
- If damage to vehicle or other property, the extent and cost of replacement or repairs
- Psychological impact of threats, intimidation etc.
If the road rage incident results a road accident involving one or more vehicles, it may be possible to make a compensation claim as you would with a more conventional accident. A personal injury solicitor will be able to pursue this matter on your behalf.
If you sustain injuries as the result of a physical assault, however, you may be able to make a claim for compensation through the Criminal Injuries Compensation Authority (CICA). A solicitor can assist you with this, but you can make a claim through the CICA yourself without professional legal assistance.
It is possible to make a CICA claim even if the identity of the attacker is unknown, in part because the compensation is paid out from public money, rather than the defendant's own pocket or that of the defendant's insurer.
Cyclists are often the victims of road rage. Some motorists react aggressively to cyclists on the road. Road rage can be more dangerous for cyclists than motorists, as they cannot keep out of harm's way by staying inside their vehicle.
If the aggressive driver drives dangerously with cyclists in the vicinity, they could be seriously harmed. There have been road rage incidents where drivers have purposefully driven directly into cyclists.
Cyclists can claim for the same damages as motorists when it comes to road rage compensation claims, but cyclists may experience more severe psychological effects as a result. Cyclists may develop phobias of cycling or being on the road, and may need rehabilitation and psychological therapy to help overcome these fears.
Aggressive, threatening and dangerous driving should be reported to the police. If you decide to make a compensation claim for road rage, a police report will be an important piece of evidence in your case.
If you were injured in a road rage incident in the last three years (longer if children were involved) and someone else was to blame, then we can probably help you make a compensation claim.
See our Online Claim Eligibility Calculator for a better idea of where you stand.
A No Win, No Fee agreement, referred to as a CFA or Conditional Fee Agreement, forms a crucial part of a claim for injury compensation.
Your CFA is essentially the terms and conditions between you and your lawyer.
It details the service the solicitor provides and a success fee to be taken from the award once your case is won.
You are able to prioritise your recovery, knowing that you will never be out of pocket and there will be nothing to pay if your case is unsuccessful. There will be no hidden charges using a Quittance injury-specialist solicitor.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Meet the QLS team
The nationwide network of Quittance solicitors take on all types of road accident claims, from fast track cases to serious, long-term injury. Our lawyers are selected for their professionalism and their track record in recovering compensation.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
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