5622 Central Avenue , St. Petersburg, Florida 33707 Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. All too often that kind of driving leads to an incident of road rage. Pensacola Law enforcement wont wait for you to tell your side of the story before pressing charges. If you see it coming, please get help immediately. Road rage accident lawsuits require the victim to establish that they experienced: Accident victims should contact an attorney as soon as possible to ensure that they meet the statute of limitations and other relevant deadlines. It is essentially kept on the books as a method in which statistics may be tracked on accidents involving aggressive driving. With more than 100 years of combined legal experience representing clients against criminal charges, you can be sure that your case will be handled with care and diligence. Most states prosecute road rage incidents under reckless driving or aggressive driving statutes. Incidents of road rage usually start with feelings of high emotions before ever stepping foot into your car. Content copyright 2023 Metro Desk Media, LLC. Where the line blurred is when a driving becomes frustrated and acts in an aggressive and dangerous manner due to the frustration. a non-profit focusing on gun issues. Allow yourself enough time to get to your destination. A Florida man is behind bars after police say he opened fire on another vehicle after a road rage incident that started when the victim allegedly threw a piece of a banana at the gunman's car. If you or someone you love has suffered injuries or died in a Florida road rage accident, contact Friedman Rodman Frank & Estrada to discuss your rights and remedies. Often it is not the driver that is the target of your rage that was the start of the problem. Thats something you should never do. Law enforcement wont wait for you to tell your side of the story before pressing charges. Appellate Court Decides Not to Invoke Floridas Dangerous Instrumentality Doctrine, Florida Nursing Home Administrator on Trial After Nine Deaths, Eight People Hurt in Florida Slow-Moving Vehicle Crash, Scarring, amputation of body parts, disfigurement or inability to perform a bodily function; or. Road rage becomes a crime (illegal) when either party engages in reckless aggressive driving, assaults the other or causes property damage. This makes it easier to prove liability, so your attorney can focus on proving your damages. Get plenty of rest the night before driving a long distance. Road rage is not a traffic offense in the traditional sense because, upon arrest, prosecutors may charge the accused with a criminal offense instead of a traffic violation. However, reckless driving, assault, and all unlawful actions that may result from road rage are crimes. Thats why our experienced lawyers are standing by, 24/7/365, to listen to your story, evaluate your claim, and help you decide what to do next. Joe Zarzaur knows the ins and outs of Florida law, and offers friendly-quality legal help whether you have experienced an auto accident, car wreck, have been a victim of medical malpractice or are in need of a personal injury attorney. (1) Exceeding the posted speed as defined in s. 322.27 (3) (d)5.b. Before driving, there are steps that you can take so you and the drivers around you will not be tempted to engage in road rage and aggressive driving behavior. Tailgating; The so-called "road rage" law makes it illegal for motorists to drive more than 10 miles below the speed limit in the left lane of a multiple-lane road or highway if another car is coming. The logical question is how can I keep me and my family as safe as possible on some of the countries most dangerous roads? Report aggressive driving when seen; How Charges Related to Road Rage and Aggressive Driving Can Be Fought. UPDATE AT 7:01 a.m: Two right lanes are open at I-95 in the area of 79th, huge backups remain. The Umansky Law Firm Criminal Defense & Injury Attorneys, 2420 N. Crystal Lake Dr. #1-112 Lakeland, FL 33801, 777 S US Hwy 27 Suite E Clermont, FL 34711, 213 S Dillard St Suite 220 G Winter Garden, FL 34787, 3801 Avalon Park East Blvd. Tragically, the woman died from her wounds. It exists to allow drivers who want to get around slower moving traffic to pass. Consult with a lawyer to decide what to claim: you may file a suit to recover lost wages, medical costs, or pain and suffering caused by the incident. Marsy's Law, which was approved by voters as part of Amendment Six in November 2018, can be used by public institutions to prevent the disclosure of information or records that could be used to. Running another vehicle off the road. For our intellectual property, terms, and conditions, read here. UPDATE: 7:31 a.m. All lanes are now open on I-95 southbound near 79th Street. We have details. A driver stopped short and was hit by an angry driver that was tailgating them. Road rage begins with poor mindsets. Suffice. Avoid any attempts to punish other drivers by, for example, slowing down in your lane to prevent other drivers from driving too fast. An attorney can advocate for injury victims during insurance claims, settlement discussions, litigation, and appeals. For instance, news reports described a harrowing road rage accident that took the life of a pregnant woman. There are also psychological disorders that make some individuals more prone to aggressive driving and road rage, like intermittent explosive disorder. If someone accuses you of road rage or aggressive driving that leads to a charge of aggravated assault or battery, understand that you have options. (305) 882-9097. Adding a vehicle to the mix can result in a felony. When youre feeling this way, its a good idea to remember that arriving safe but a little late is better than being seriously injured or losing your life on the highway from an explosive road rage accident. Consequently, collecting evidence of it may help prove negligence if the case goes to trial. If the accused intentionally struck your vehicle, physically attacked you, drove you off the road, side-swiped you, or in any way caused damage to your person or property. According to the Daytona Beach News-Journal, the "law specifically targets drivers in the left lane of multiple-lane roadways who are going more than 10 mph below the posted speed limit and know or reasonably should know that they are being overtaken by a vehicle going faster. Vital Records Explained. is ready to help. For example, say a road rage incident turned into an auto accident. 50%of drivers who are on the receiving end of aggressive behavior respond with aggressive behavior back. You are guilty of a class 2 misdemeanor in Virginia. 5622 Central Avenue Today, it typically refers to aggressive driving including tailgating, sudden acceleration, cutting people off, sudden braking, blocking other drivers from merging into a lane, rude gestures, yelling at other drivers, pursuing other cars through traffic in order to engage in verbal or physical altercations, intentionally hitting other vehicles and other kinds of verbal or physical altercations with other drivers, excessive use of the horn or lights to scold or blind other drivers, and brandishing or using firearms or other deadly weapons. Note: Laws may differ specifically for your area. Zarzaur Law is a pure contingency fee law firm. Note that the facts presented may lead to both road rage and traffic violation charges. A drunk driving suspect blamed his intoxication on his impending divorce. The woman appeared from her house with a firearm and pointed it at the motorcyclist and witnesses. In 2013, Florida passed an anti-road rage law. The motorcyclist and witnesses followed her and waited outside of her home, and called 911. If you have been in a car accident involving road rage, it is important that you first get emergency assistance for anyone who needs it. Ron DeSantis took the stage Tuesday night in The Villages and proudly announced that he has the No. If a person shoots somebody to death for cutting him or her off, that should be first degree murder with special circumstances rather than 2nd degree murder. If a driver caused you to feel road rage, they probably engaged in one of the following behaviors: Anyone can experience road rage. With 500 hashtags per 100,000 people, Eugene, Ore., was the city with the most hash-tagged road rage incidents, followed by Atlanta with 336. Running late and being in a rush to get someplace on time. Remember, a road rage is an extreme form of aggressive driving motivated by an intention. 1 book in the nation. I-95 CLOSED, POSSIBLE ROAD RAGE SHOOTING IN MIAMI. When a driver faces a citation or criminal charge for traffic violations leading to an accident, your attorney can use the criminal case as evidence in your civil injury claim. Calm down and do not take any steps that might lead to injury or property damage, such as tailgating, sideswiping, or assault. 2022 Medical Records Retention Laws By State, How Long Does a Felony Stay on Your Record, Name and Likeness Licensing Agreement Free Builder. Incidents of road rage and aggressive driving can lead to serious felony charges that can ruin your life. Section 46.2-868 Aggressive Driving Penalties states that an individual is guilty of aggressive driving if the person violates section 46.2.888 stopping on highways: removing the motor vehicle from the roadway., What is vital to remember is 46.2-868.1. reads in part, quote that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.. The punishment for assault, property damage, and reckless driving depends on state law. Suite 526, 6909 Old Highway 441 Suite 108, Office 600. Over seven years, 218 murders and 12,610 injuries were the results of road rage, according to Safe Motorist. Getting into an argument or getting fired at work. Remember, the court must consider the circumstances leading up to the incident, including weather conditions, the time of day, people, and animals in the area, and the vehicles. Tailgating; 4. Between 2014 and 2016, Florida had more road rage incidents than any other state, with a total of 147 incidents. Destin, FL 32550 2420 S. Lakemont Avenue Suite 150 Orlando, FL 32814. Police officials are seeking public help to investigate the death of John Kuczwanski, Florida's legislative affairs director for state, in a road rage incident in north Tallahassee after a shoot . Florida law considers your vehicle a deadly weapon, so when youre driving your car youre in control of what could be legally viewed as a deadly weapon. If you suffer injuries from an aggressive driver, consult with a Florida car accident lawyer in your area immediately. Another real tragedy associated with instances of aggressive driving or road rage is that many times the injured party was not the aggressive driver or even the object of his rage, but nearby drivers unaware of what was transpiring or pedestrians or bicyclists who are completely unable to protect themselves from this type of situation. Vital Records Explained: Are birth certificates public records? Do not challenge aggressive drivers; Often referred to as Florida's "Stand Your Ground" law, Florida Statute 776.012 says: "A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's . Since 2014, There have been 277 cases in Florida, 220 in Texas and 157 in California. The woman hit a motorcyclist and drove away from the incident. Jones Law Group If youre facing these charges. Although no laws directly deal with road rage, Florida did enact a law stating that any driver who receives a conviction of or pleads no contest to a traffic offense that caused a crash three times within 36 months must take a driver improvement course to maintain their driving privileges. If you or your loved one has been injured in a road rage accident, contact the attorneys at. If youre charged for a crime after driving aggressively or with road rage, you could face severe legal consequences. The firefighter survived two gunshot wounds and the officer is facing prosecution. Remember that if you and your family have an accident that is road rage related and someone is injured, your best bet for compensation is to not have any fault in the accident. Obviously, there are instances of road rage, such as waiving or discharging a gun which are well beyond the concept which I am discussing. Coral Gables, FL 33134 Call us now and well see if we can pursue compensation for your injuries! If you touch someone without their permission, you can be charged with misdemeanor battery. Failure to obey traffic control devices. Can You Sue A Doctor For Failure To Diagnose? . How Do I Fight Charges of Road Rage and Aggressive Driving in Florida? What law enforcement officers may need, includes the perpetrators physical description, car make, and other identifying information, the date and time of the incident, and the statement. Be part of the solution, not part of the problem. resulted in damage to one vehicle, but not in a manner that you might expect. WFSU News. (855) Hire Joe Do not provoke an aggressive driver and report to the police the moment you feel uncomfortable. The entire episode was captured on a 911 recording. Receiving compensation for your damages and injuries after an accident involving road rage or aggressive driving can be challenging. However, there is no excuse for allowing impatience to escalate into dangerous driving behaviors that cause harm to others. Keep in mind that every driver is a potential murderer. In theory it is simple, but sometimes human nature gets in the way: 1. The primary difference between road rage and negligent or aggressive driving is that, with road rage, the perpetrator intends to harm someone. The right lawyer can hold an aggressive driver liable for your injuries and losses. Road rage incidents in Florida have been on the rise according to The Tracea non-profit focusing on gun issues. Be sure that you do not sign any documents from an insurance agent or accept any offers of compensation before getting legal advice. Some people have had road ragers follow them off the highway or into parking lots to continue the altercation. When you contact our office we will immediately set an appointment where you will meet your attorney and be provided with his/her personal contact information. If you or a loved one has been involved in a car accident, it is important to consult with a Board Certified Trial Lawyer who has the knowledge and experience to help you. Shore. If youve ever felt road rage while driving in Florida, remember that it can be hazardous to not only you but also those around you. Our team of experienced criminal attorneys will fight for you and help reach the most favorable outcome while protecting your future freedom. In some regions, you may also recover damages for emotional distress. We know that accidents dont always happen during business hours. Yes, road rage has often initiated physical fights between drivers, and in many cases, it has led to shootings. Assaults the other or causes property damage and conditions, read here are open at I-95 the! Two gunshot wounds and the officer is facing prosecution injuries after an accident involving road rage and traffic violation.. Makes it easier to prove liability, so your attorney can focus on proving your damages to an incident road... Recover damages for emotional distress before driving a long distance your injuries and losses the target of rage. 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