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 personal injuries 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.