If you were injured in a road rage assault in California, you may have a strong personal injury case against the attacker—and possibly against other liable parties—depending on the situation. Road rage incidents can escalate quickly from verbal aggression to physical violence, and California law allows victims to sue for damages in civil court, even if the incident also results in criminal charges.
🚗💥 What Is Road Rage Assault?
Road rage refers to aggressive or violent behavior by a driver, which may include:
- Threats or intimidation
- Intentional swerving or ramming another vehicle
- Forcing a driver off the road
- Physical assault after a vehicle is stopped
- Brandishing or using a weapon
- Throwing objects at another car or person
Once the aggressor makes physical contact or causes bodily harm, it crosses into assault and battery, and the injured party can file a civil lawsuit to seek compensation.
⚖️ Civil vs. Criminal Action
- Criminal Case: The State of California may prosecute the offender for assault, battery, reckless driving, or even attempted murder.
- Civil Case: You can sue the offender directly to recover compensation for your injuries, lost wages, pain and suffering, and more—even if they’re not criminally convicted.
You do not need a criminal conviction to win your personal injury case.
👨🔧 Who Can Be Held Liable in a Road Rage Incident?
1. The Aggressor (Driver)
- The person who assaulted you (e.g., punched you, intentionally rammed your car, etc.) is primarily liable.
2. Employer (If Driver Was Working)
- If the aggressor was driving for work (e.g., delivery or company car), their employer may also be liable under California’s vicarious liability laws.
3. Vehicle Owner
- If someone else allowed the aggressive driver to use their vehicle and knew they were dangerous, that party might share liability (negligent entrustment).
🤕 Common Injuries from Road Rage Assaults
- Head trauma or concussions
- Facial injuries
- Broken bones or fractures
- Whiplash or spinal injuries
- Gunshot or stab wounds (in extreme cases)
- Emotional trauma or PTSD
🧩 How to Prove Your Road Rage Injury Case
To succeed in a California personal injury claim, you need to prove:
- The defendant acted intentionally or negligently
- Their actions caused your injury
- You suffered actual damages (medical bills, lost wages, pain, etc.)
📁 Evidence That Can Help Your Case
- Dashcam or surveillance footage
- Police report (crucial in road rage cases)
- Witness statements
- Photos of injuries and vehicle damage
- Medical records
- 911 call recordings
- Social media posts or threats made by the assailant (if applicable)
💰 What Compensation Can You Recover?
✅ Economic Damages:
- Medical bills (ER visits, surgeries, rehab)
- Lost wages or diminished earning capacity
- Car repairs or property damage
✅ Non-Economic Damages:
- Pain and suffering
- Emotional distress
- PTSD or anxiety
🟧 Punitive Damages:
Because road rage is intentional misconduct, California courts may award punitive damages to punish the aggressor and deter similar behavior.
👨⚖️ Do You Need a Lawyer?
Yes—road rage cases are often emotionally charged and legally complex. A personal injury attorney can:
- Investigate the incident and collect key evidence
- Identify all liable parties (including employers or third parties)
- Handle communication with insurers and police
- Fight for maximum compensation in settlement or trial
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].