Road Rage Accident Lawyer in Massachusetts

Road Rage and Your Civil Rights in Massachusetts

Road rage, when a driver deliberately uses their vehicle as a weapon, forces another vehicle off the road, or creates a collision through intentional aggressive conduct, creates both criminal and civil liability. The criminal case and your civil personal injury claim are entirely separate proceedings. You do not need a criminal conviction, or even a criminal arrest, to pursue civil compensation for the injuries a road rage attack caused you. Attorney Jeffrey C. Lavey represents road rage victims throughout Massachusetts and pursues every available source of compensation.

Road Rage vs. Aggressive Driving: The Civil Distinction

Road rage typically refers to intentional conduct directed at a specific driver, deliberately cutting off, brake-checking, pursuing, or making contact with another vehicle. Aggressive driving may be reckless and dangerous but may not involve the same intentional targeting. The distinction matters for civil purposes because intentional conduct may support different legal theories than ordinary negligence and may affect the pain and suffering evaluation. Attorney Lavey analyzes the specific facts of each incident to identify the strongest available theories of recovery.

The Civil Case Proceeds Independently

Many road rage victims hesitate to pursue civil claims because they believe they must wait for the criminal case to conclude. This is not true. Your civil personal injury claim can proceed simultaneously with or independently of any criminal proceedings against the road rage driver. A criminal conviction is helpful evidence in your civil case but is not required. Even if criminal charges are never filed or are dropped, your civil claim based on the driver’s negligent or intentional conduct remains fully available.

Auto Insurance and Road Rage Claims

Auto insurance policies typically cover negligent driving. Whether a road rage incident is covered depends on whether the conduct is characterized as negligent or intentional, some policies exclude intentional acts. Attorney Lavey analyzes the specific policy language and the facts of the incident to determine the applicable coverage. In some cases, the road rage driver’s homeowner’s insurance may provide additional coverage for intentional acts not covered by auto insurance. If the road rage driver has no insurance, your own uninsured motorist coverage may apply.

Damages Available to Road Rage Victims

Road rage victims are entitled to the same full range of compensation as any car accident victim: medical expenses, lost wages and earning capacity, pain and suffering, and future care costs for serious injuries. The deliberate, predatory nature of road rage conduct is highly relevant to the pain and suffering evaluation, being deliberately targeted and injured by another driver causes psychological trauma that extends beyond the physical injuries. Attorney Lavey ensures that the full psychological impact is reflected in every road rage damage claim.

Frequently Asked Questions