Aggressive driving is one of the top causes of road accidents in Stockton and other major parts of California. If the accident victim is lucky, they could get away with a few injuries. But in many cases, the victims are not so fortunate and suffer serious injuries and even the loss of life. Despite the staggering statistics, some California residents engage in unsafe driving practices and put other drivers in huge peril.
If you have been a victim of aggressive driving and suffered catastrophic injuries because of their negligence, you can legally hold them responsible for their actions. Brown & Gessell provides legal advice and representation to victims of personal injury. Schedule a consultation with us now to get started on your case.
California Law On Aggressive Driving
California Vehicle Code 23103 provides that any manner of driving that displays willful disregard for the traffic rules and the safety of other drivers, pedestrians, and properties is considered aggressive driving. In a nutshell, it refers to unsafe driving behavior with the willful or purposeful disregard for the safety of others.. Here are some common forms of aggressive driving:
- Skipping a red light
- Blatant disregard for the traffic signals
- Swerving in heavy traffic
- Switching lanes abruptly without signaling
- Blocking or preventing vehicles from changing lanes or passing
California is the only state in the U.S that identifies aggressive driving as a criminal offense. This statute provides relief to the victims of aggressive driving, as they have a specific law to protect their interests if they get harmed in an instance of aggressive driving.
At times, aggressive driving could escalate to road rage, which has proven to be more frequent and often brutal in recent years. Road rage consists of any violent behavior from one motorist towards another. Swearing obscenities, throwing things, sideswiping, and ramming are a few types of road rage common on California roads. If you have been a victim of aggressive driving and even suffered an instance of road rage, you could document the behavior of the violent motorist towards you and use it to hold that careless and abusive driver responsible.
Brown & Gessell can gather all the evidence that could prove the negligence of the other driver in an aggressive driving case. If you have been involved in such, contact us now to get started. We will collect evidence on your behalf, organize your case, and present your best case to the defendant’s insurance company and later, if necessary, to a jury at trial.
Penalties For Aggressive Driving In California
The state of California imposes harsh penalties on road offenders, including those who engage in reckless and aggressive driving. Here are some consequences that the offender can face:
- Fines that range between $145 to $1,000. The precise amount of the penalty will depend upon the severity of the damage that the offender causes, both to humans and property. If severe bodily harm was involved, the fine amount would be augmented tremendously.
- Jail time between 5 to 90 days. Again, the jail time would increase depending upon the severity of the damage that the offenses caused. The offender could even be sent to the state prison if they cause severe harm to the victims involved in the accident.
- Two points on their license.
- Seizure of the automobile
Additionally, if the damage that the negligent party caused is significant,, they could also be charged of a misdemeanor and/or felony. The penalties for such an offense are greater. To navigate your way around the California law and use the statutes to your advantage, you will need the help of an experienced Stockton car accident attorney who is familiar with the law related to aggressive driving, as well as experience with holding such driver’s accountable.
Brown & Gessell is a personal injury law firm in Stockton that can help you negotiate your case with the insurance company and get you the deserved compensation in reckless and aggressive driving cases. We can also file a personal injury lawsuit on your behalf if the insurer refuses to give you a fair settlement. We would take care of all the paperwork and legwork, allowing you the time to heal from your injuries. Schedule a consultation with the Law Offices of Brown & Gessell now.
Law Offices of Brown & Gessell
Brown & Gessell is a personal injury law firm specializing in road accident cases. We know how personal injury cases can affect the victim and his/her family. Therefore, we take these cases very seriously and devote all our resources to pursuing justice for our clients. If there is any law firm in Stockton that can win you a fair settlement with the insurance company, it is Brown & Gessell. You can expect us to:
- Provide you with a free consultation
- Gather evidence to prove the negligence of the other party
- File a personal injury claim with the insurance company
- Negotiate with the insurance company
- File a personal injury lawsuit if the negotiations fail
- Present your case before a jury or judge
Schedule a consultation with us now.
Frequently Asked Questions
What is the statute of limitations for personal injury in California?
The statute of limitations for personal injury arising out of a motor vehicle collision, in California, is two years, with some exceptions. You should consult a personal injury lawyer to know your rights and determine if your claim is timely or has expired.
Do I need a lawyer to file a personal injury case?
While it is not legally required for you to hire a lawyer to file a personal injury claim, it will assure you that you are taking every step to ensure your full recovery. Litigation or lawsuits are mazes. Pre-lawsuit settlements include gathering relevant, supportive evidence; identifying and interviewing witnesses; negotiating settlements, and resolving liens.
Will my personal injury case go to trial?
Many cases get settled out of court. However, after all efforts have been made to resolve your case, Brown & Gessell, will file a lawsuit with the appropriate court, begin discovery and aggressively prepare for trial. Going to trial is more the exception but is dependent on the defense agreeing to resolve the case at a fair and reasonable value.