HHJ Trial Attorneys

San Diego Car Accidents & Injury Lawyers

Close this search box.

Aggressive Driving Accidents in San Diego

Dealing with an aggressive driver can be a scary and intimidating process. However, what can you do when you become involved in a vehicle accident with an aggressive driver? 

The important thing is to keep a clear head and distance yourself from the other driver. When it comes to aggressive driving accidents in San Diego, you will want to talk to a personal injury attorney!

Forms of Aggressive Driving 

There are many different forms of aggressive driving. You may find yourself dealing with an aggressive driver out of the blue. Some incidents of road rage can have an inciting incident, and others do not.

Knowing the forms of aggressive driving can help you steer clear when it comes to being on the road. The most typical forms of aggressive driving you may encounter on the road include: 

  • Speeding through heavy traffic 
  • Tailgating 
  • Cutting off drivers
  • Brake checking 
  • Running red lights
  • Changing lanes sharply without signaling
  • Blocking cars attempting to change lanes

Aggressive driving can add danger to other drivers’ journeys, and may result in collisions, injuries, and further expenses. When you notice aggressive driving, it is best to keep a safe distance and disengage from the driver. However, some aggressive drivers are too persistent and reckless. This results in accidents where vulnerable drivers and their passengers pay the price. 

What is Brake Checking? 

Brake checking is one of the most common forms of aggressive driving. A driver brake checks another driver by slamming the brakes while driving to “check” if the other driver can stop on time. The goal of this act is to make other drivers slam on their brakes or even cause rear-end collisions, which the aggressive driver will adamantly blame the other driver on. 

This form of aggressive driving can happen anywhere, whether on the street or highway. Brake checking is considered an unlawful driving tactic in California and many other states. This action can cause a number of serious accidents and injuries. 

This is why if proven to be brake checking, the liable driver can receive a traffic violation and have to deal with fines. 

What Should I Do When Dealing With an Aggressive Driver? 

If you find yourself on the road and dealing with an aggressive driver, here is what you should do: 

  • Do not engage with the other driver
  • Avoid eye contact
  • Let the driver pass
  • Do not tailgate or flash your lights at them
  • Call the police 
  • Do not go home, find a safe place to stop instead

Dealing with an aggressive driver can be terrifying, but keeping a clear head can keep you from endangering yourself and other passengers. Do not let yourself be dragged into confrontation that could be potentially dangerous. 

Who is at Fault For an Aggressive Driving Accident? 

You do your best to avoid an aggressive driver, but what can you do when an accident is simply unavoidable? 

When it comes to brake checking and a rear-ending collision, having the evidence of brake-checking is crucial. Typically, the driver who hit the car in front of them is found liable when it comes to rear-ending collisions. If you have a dash cam or witnesses who saw the brake-checking occur, then liability will be placed on the brake-checker. 

Aggressive driving accidents are the fault of the aggressor. However, having the evidence to back up the attitudes of the other driver is key. Whether you have witnesses, placed a call to the police, or have a dash cam, having supporting evidence can help your claim immensely. 

The unfortunate thing of many aggressive driving accidents is that the innocent drivers often have serious injuries and a mountain of expenses to deal with. If you were involved in an aggressive driving accident, you are entitled to possible compensation. 

What are Common Injuries From Aggressive Driving Accidents? 

Injuries from aggressive driving accidents can often range from moderate to severe. Most aggressive driving accidents involve speeding, swerving, and sudden braking. This can leave unsuspecting drivers with varied injuries. 

Common injuries from aggressive driving accidents include: 

  • Whiplash (characterized by pain and limited motion)
  • Back sprains
  • Concussions
  • Herniated discs which often require surgical repairs
  • Spinal fractures

Aggressive driving accidents can often lead to injuries in the back. This is a delicate area of the body that when injured can take a toll on your quality of life. If you have received any of the injuries mentioned above from an aggressive driving accident, then you should fight for compensation. 

Compensation for Medical Treatment

Injuries from an aggressive driving accident can leave you needing medical treatment and physical therapy. Fortunately, filing a personal injury claim allows you to possibly receive compensation. This compensation can be used to cover expenses, such as:

  • Medical treatment, including future medical expenses
  • Physical therapy
  • In-home care
  • Transportation to your medical provider
  • Medical devices, such as wheelchairs and crutches
  • Loss of income from being unable to work
  • Pain and suffering 

There is also a form of compensation known as punitive damages. In the case of punitive damages, this is compensation awarded to punish the liable party. Punitive damages can be awarded in the case of drunk driving, for example. This is to deter drivers from making the same mistakes again. 

Punitive damages may be compensated in aggressive driving accidents. However, every case is different. Speaking to a personal injury attorney will help you learn more about your own claim and the possible compensation amount.

Should I Speak to a Personal Injury Attorney? 

If you’ve been involved in an aggressive driving accident, you should speak to a personal injury attorney. 

The negligent and reckless acts of another driver may have injured you seriously, or left you with a mountain of debt. Whether you are dealing with insurance (the driver’s or your own) or directly with the driver, a personal injury attorney can help.

Gathering sufficient evidence for these types of cases is vital. A car injury attorney can help you gather the necessary evidence, speak with the other party and their legal representative on your behalf, and fight for your rights to compensation. 

You don’t have to be the only one to deal with an aggressive driver who decided to be reckless. Speaking with a personal injury can bring you some much-needed legal insight on your case. 

Looking for a Personal Injury Attorney After an Aggressive Driving Accident in San Diego?

If you’ve just been involved in an aggressive driving accident in San Diego or nearby areas, you may be unsure of what to do next. You may be feeling overwhelmed and anxious to have to further deal with an aggressive driver. 

Working with a personal injury attorney can bring you comfort. Personal injury attorneys can examine cases and see if there is an opportunity for compensation. A dedicated personal injury lawyer will stand by your side, representing you when it comes to insurance companies, other lawyers, and in front of a court if needed.

If you are looking for a dedicated team of attorneys in the San Diego area, then call HHJ Trial Attorneys! We offer expert representation to injured individuals who are looking to hold liable parties accountable for compensation. Contact us now to book your initial case consultation.  


Response time within minutes