We’ve all been there — you’re on your way home from work when suddenly someone talking on their phone cuts you off. Most people let it go and continue about their day, even if they’re irritated at the moment; but some let their anger get the better of them and they engage in road rage.
It seems like hardly a week goes by without seeing headlines about an injury or murder happening in a fit of road rage. In fact, experts estimate that over 40% of expressway shootings in Illinois were related to road rage over the past two years, leading to the creation of the Road Rage Don’t Engage campaign.
In the past, I’ve covered various scenarios on how negligence is determined in Illinois courts. But the question remains: Is road rage considered negligence in a personal injury claim? Here we’ll cover what counts as road rage, how negligence is proven, and whether or not road rage is a consideration.
Aggressive Driving vs. Road Rage (No, They’re Not the Same)
While aggressive driving and road rage may sound like the same thing, they in fact are not.
Aggressive driving just means that someone is disobeying traffic laws and driving recklessly — speeding, cutting people off, honking excessively, etc. But despite their flagrant disregard for road safety, they do not intend to harm or cause property damage.
Road rage, on the other hand, is an explosive fit of anger; an intentional act to hurt someone or cause property damage.
So the major difference here is intent. Someone who is driving aggressively may be weaving in and out of lanes, but their ultimate goal is not to cause harm. The same cannot be said for someone engaging in road rage. Road raging people intend to seek out and harm another driver or their vehicle, oftentimes because they feel slighted.
How Negligence Is Proven in Illinois Personal Injury Cases
When it comes to proving negligence in Illinois, there are four main considerations:
- Duty: All drivers owe a duty of reasonable care to other drivers on the road.
- Failure to perform duty: One party didn’t perform the duty at all or to an acceptable standard. This means that the driver was negligent.
- Cause of damages: Because the defendant did not operate his vehicle as a reasonably careful driver, you or a loved one were injured, incurred damages, or in the most tragic cases, died.
- Damages: You’ve been injured or incurred damages as a result of the other party’s negligence.
Contributory negligence in Illinois
One other thing to keep in mind is that every negligence case in Illinois includes an analysis of contributory fault — did your own negligence contribute to your injuries?
Illinois follows a modified comparative negligence rule, meaning you can still recover damages as long as you are 50% or less at fault. However, your total recovery will be reduced by your own percentage of fault. So, if a jury awards you $100,000 but determines that you are 30% at fault, your recovery will be reduced by 30% ($100,000 – $30,000 = $70,000).
If you are found to be more than 50% at fault — meaning you bear the majority of responsibility — you will not be able to recover damages.
Is Road Rage Considered Negligence?
In short, yes, road rage can be negligence and may rise to reckless or intentional misconduct. Keep in mind that Illinois law doesn’t have a standalone “road rage statute,” but the behaviors that come from engaging in road rage do violate traffic laws, and thus are negligent if they cause a crash.
Here are the differences between negligence and wanton misconduct:
- Negligence: Failure to uphold the standard of duty that any reasonable person would. In our situation, this would be ignoring traffic laws.
- Wanton misconduct: Knowingly and willfully endangering others. Here, there is an awareness that what they’re doing is dangerous and have no consideration of the consequences. In our situation, this would be attempting to harm another driver or do damage to their vehicle.
What to Do If You’re Injured by a Road-Rage Driver
First off, and most importantly, do NOT engage with the driver; and if you require medical attention, seek it immediately. Keep calm, and call 911 to report their behavior. If it’s safe to do so, try to collect evidence — videos, photos, witness statements, file a police report, etc. In cases of road rage, witness statements and dashcam footage (if possible) are extremely helpful in proving the other driver’s intent on causing harm.
Lastly, be sure to contact an experienced personal injury attorney.
Brian Lewis Can Settle the Rage
Throughout my career, I’ve helped hundreds of people just like you achieve justice and move onto the road to recovery. I’ll gather evidence on your behalf, hire the experts to testify, file all the necessary paperwork, and fight the insurance companies for you.
On top of it all, I work on a contingency basis, meaning you don’t have to pay me anything until your case is won.
You’ve been through enough already. Let me take it from here.
