Posted by: Susan Murphy

Road Rage Can instantly Make You Liable For Any Damage

No matter how hard you try, road accidents are inevitable, as some people drive with little alertness or safety regard. But what happens if you retaliate to being hit by nudging the driver with your car? Well, road rage can instantly make you liable.

This was the case in a viral video on TikTok and YouTube, which attorney Ugo Lord watched and gave his legal opinion on. The footage involves two vehicle owners, one owning an Audi and the other a Lamborghini.

The Audi owner accused the Lamborghini owner of hitting her car at a red light and Ignoring the Collison. However, video footage revealed that the Audi forcefully rear-ended the Lamborghini while the collision occurred.

Ugo Lord Gives His Expert Opinion

Once the video ends, Ugo Lord interjects, saying, “It’s not looking good for the Audi…” referencing the footage showing her colliding with the Lamborghini. Nevertheless, he continues, commenting that the Audi driver alleged that the Lamborghini sideswiped her to avoid hitting a pedestrian.

In such a situation, Dr. Lord explains, “Assuming everything is true, the Lamborghini would be liable for the sideswipe.” However, since the Audi driver hit the Lamborghini out of anger, Ugo Lord reveals an exciting plot twist.

“Not only would she be held liable for the damages but could also be charged with road rage, a felony in many states.”

In other words, If the entire accident only involved the Lamborghini damaging her car to avoid hitting someone, the damages would be his duty. However, since she retaliated by hitting him from behind out of anger, she’s liable for repairing his car and may also be given a penalty for felony road rage.

Understanding Road Rage Legally

So, what qualifies as road rage? Generally, road rage is when a driver overacts to some perceived provocation by another driver and then expresses their frustration violently.

Despite this definition, there’s no specific offense in California called “road rage”; nevertheless, violently reacting to another driver’s behavior on the road could lead to a driver’s license suspension.

It could also result in additional charges like:

  • reckless driving
  •  assault
  •  battery
  •  assault with a deadly weapon, and
  •  criminal threats

The Violence Level Determines The Charges

Despite the lack of a definition for road rage, offenders can face hefty repercussions for reacting violently on the road. The charges are based on the type of violent reaction the driver displays.

The top four possible charges for road rage incidents include:

  • Aggressive or reckless driving: California Vehicle Code 23103 VC makes it a crime to “drive a vehicle upon a highway in willful or wanton disregard for the safety of persons or property.” Once the court determines that you were speeding, swerving, tailgating, etc., you can face up to $1,000 in fines and up to 90 days in jail.
  • Assault: If the angry driver threatens another driver or pedestrian, they could receive assault charges under Penal Code 240 PC. Assault is a misdemeanor that could result in up to six months in jail and $1,000 in fines upon conviction.
  • Assault with a deadly weapon: A car qualifies as a “deadly weapon” under California law if used in a manner that could qualify as assault. This involves deliberately speeding toward a pedestrian and stopping or swerving at the last minute. In this case, the driver could face assault charges with a deadly weapon, which could result in up to four years in State Prison.
  • Battery: If their road rage results in the driver hitting or using force against someone else, they could face battery charges under Penal Code 242 PC. This could attract a fine of up to $2,000 or up to six months in county jail.

Conclusion

While having your car damaged by another driver’s carelessness infuriates you, reacting violently isn’t the best option. According to attorney Ugo Lord, choosing this route will make you liable for the damages and could result in more severe charges.

A better approach is to identify the vehicle through dash cam footage or by taking a picture and then contacting the police. With the help of law enforcement and a reasonable attorney like Ugo Lord, you can receive compensation and justice.

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