Engaging in road rage that leads to a collision in California can have serious legal consequences, both criminal and civil.
🚨 Criminal Consequences
While California does not have a specific statute for “road rage,” aggressive driving behaviors associated with road rage can result in various criminal charges, including:
- Reckless Driving (Vehicle Code § 23103): Driving with a willful disregard for the safety of persons or property. Convictions can lead to fines up to $1,000 and up to 90 days in jail. If the incident causes injury, penalties may increase.
- Assault with a Deadly Weapon (Penal Code § 245(a)(1)): Using a vehicle to threaten or harm another person. This can be charged as a misdemeanor or felony, with penalties including imprisonment and fines.
- Vehicular Manslaughter (Penal Code § 192(c)): Causing a death through negligent or unlawful driving. This can lead to felony charges and significant prison time.
- Murder (Penal Code § 187): If road rage results in death and the driver acted with malice aforethought, they may face murder charges.
Additionally, under Vehicle Code § 13210, the California Department of Motor Vehicles (DMV) may suspend a driver’s license for road rage-related offenses:
- First offense: Up to 6 months suspension.
- Second or subsequent offenses: Up to 1 year suspension.
⚖️ Civil Liability and Compensation
Victims of road rage collisions in California may pursue civil claims for damages, which can include:
- Economic Damages: Medical expenses, lost wages, and property damage.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of consortium.
- Punitive Damages: In cases where the defendant’s conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.
Proving road rage can strengthen a civil case, as it demonstrates a heightened level of fault. Evidence such as witness testimony, dashcam footage, and police reports can be crucial.
🛡️ Protecting Your Rights
If you are involved in a road rage incident:
- Seek Medical Attention: Even if injuries seem minor, some may not be immediately apparent.
- Report the Incident: Contact law enforcement to file a report.
- Gather Evidence: Collect witness information, take photos of the scene, and obtain any available video footage.
- Consult an Attorney: An experienced personal injury attorney can help navigate the complexities of your case and advocate for your rights.
In summary, road rage-related collisions in California can lead to severe criminal penalties and significant civil liabilities. Victims have avenues for compensation and should take steps to protect their legal rights.
Law Offices of James R. Dickinson – 909-848-8448
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