You can sue for injuries caused by a road rage car accident in Missouri. Victims have the right to file a personal injury lawsuit against aggressive drivers to recover compensation for medical bills, lost wages, pain and suffering, and other damages.
Your civil case is separate from any criminal charges the driver might face, and you don’t need to wait for a criminal conviction to pursue your claim.
Road rage accidents involve more than typical traffic violations. They include deliberate acts of aggression like tailgating to intimidate, brake checking, forcing other drivers off the road, or using a vehicle as a weapon.
These dangerous behaviors can make the aggressive driver liable for your injuries even if their vehicle never actually contacted yours.
When You Can Take Legal Action After a Road Rage Incident
Missouri law allows you to sue based on three main legal grounds:
- Negligence: The driver failed to operate their vehicle safely and their aggressive actions caused your crash
- Intentional misconduct: The driver deliberately tried to harm you with their vehicle
- Gross negligence: The driver showed extreme disregard for everyone’s safety on the road
Understanding what behaviors count as road rage helps you build a stronger case against the at-fault driver.
What Counts as Road Rage in Missouri?
Road rage is aggressive or violent behavior by a driver that goes beyond normal traffic violations. While speeding or running a red light might be careless driving, road rage involves actions meant to intimidate, threaten, or hurt another person.
Missouri treats road rage seriously, and these behaviors can serve as strong evidence in your injury claim:
- Tailgating to intimidate other drivers
- Brake checking or slamming on brakes in front of someone
- Cutting off other vehicles on purpose
- Forcing cars off the road or into traffic
- Making threatening gestures or screaming
- Following you to your destination
- Getting out to confront or attack you
- Using their vehicle as a weapon to ram your car
Even if the aggressive driver never actually hit your vehicle, their actions can still make them legally responsible for your crash. If their road rage forced you to swerve and hit a guardrail, they caused your accident.
Documenting these specific behaviors is critical for proving the other driver was at fault. The more evidence you have of their aggressive actions, the stronger your case becomes.
Does Intentional Conduct Affect Insurance Coverage?
Insurance companies often try to deny road rage claims by saying their policies don’t cover “intentional acts.” Most auto insurance policies have exclusions that refuse to pay when someone deliberately causes harm.
This creates a challenge, but it doesn’t end your case. At Beck & Beck Missouri Car Accident Lawyers, we know how to fight these insurance denials and find ways to get you compensated.
How Do We Secure Coverage Despite Intentional Acts?
We have several strategies to pursue compensation even when insurers claim the driver acted intentionally:
- Frame the claim as negligence: We can argue that while the driver was aggressive, they still failed to control their vehicle safely. This shifts the focus from intent to reckless driving behavior.
- Use alternative coverage sources: If the other driver’s insurance won’t pay, we turn to other options. Your uninsured motorist coverage can step in when the at-fault driver’s policy is denied. Your MedPay coverage pays for medical bills regardless of who caused the crash.
- Present multiple legal theories: We file claims based on both negligence and intentional conduct. This creates different paths to hold the aggressive driver financially responsible.
What Compensation Can I Recover?
Missouri law allows you to recover money for all the ways a road rage accident has harmed you. Compensation falls into three main categories that cover both your financial losses and personal suffering.
Economic damages are your out-of-pocket costs that have a clear dollar amount. These include medical bills from emergency treatment, hospital stays, and follow-up care. You can also recover lost wages from missing work and money for future medical treatment you’ll need.
Non-economic damages compensate you for harm that doesn’t come with a receipt. This includes your physical pain, emotional distress, anxiety, and loss of enjoyment in life. Many road rage victims develop PTSD, emotional distress, or become afraid to drive again.
Punitive damages are extra money awarded to punish drivers for especially shocking behavior. Road rage cases often qualify for punitive damages because the conduct is so dangerous and outrageous.
Missouri caps punitive damages at $500,000 or five times your other damages, whichever is higher. Since road rage involves such extreme behavior, courts are more likely to award this additional compensation.
What if the Driver Fled or Was Uninsured?
Hit and run road rage accidents are unfortunately common, but you still have options for compensation. Missouri requires all drivers to carry uninsured motorist coverage, which protects you when the at-fault driver can’t be found or doesn’t have insurance.
If you’re the victim of a hit-and-run road rage incident, take these steps immediately:
- Call 911 to report the crash and get medical help
- Write down everything you remember about the other vehicle
- Look for witnesses who saw what happened
- Check for nearby security cameras that might have recorded the incident
- Report to your insurance company within 24 hours
- Contact our auto accident attorneys before giving any recorded statements
Your uninsured motorist coverage treats hit-and-run accidents just like crashes with uninsured drivers. We can help you file this claim and make sure you get the full compensation you deserve.
Acting quickly is crucial because evidence disappears fast and insurance policies have strict deadlines for reporting claims.
Can Others Be Liable Besides the Driver?
Sometimes the aggressive driver isn’t the only person who can be held responsible for your injuries. A thorough investigation might reveal that other parties share fault for the crash.
Employers can be liable if the road rage driver was working at the time. This includes delivery drivers, truck drivers, or anyone operating a company vehicle. Employers are responsible for their workers’ actions during work hours.
Vehicle owners might be at fault if they let someone else drive their car. If the owner knew the driver was reckless or had a history of road rage, they could be held negligent for allowing them behind the wheel.
Bars or restaurants can be liable under Missouri’s dram shop laws if they overserved alcohol to the aggressive drunk driver.
Finding all potentially liable parties is important because it creates more sources of compensation. This helps ensure you can recover the full amount you need to cover your medical bills and other losses.
How Do I Prove a Road Rage Claim?
To win your road rage injury case, we must prove liability through four key elements that establish the other driver’s legal fault. These elements work together to show that their aggressive behavior directly caused your injuries.
- Duty means the other driver had a legal obligation to operate their vehicle safely. All drivers owe this duty to others on the road.
- Breach means they violated that duty through road rage behavior. Tailgating, brake checking, or using their car as a weapon all breach the duty of safe driving.
- Causation connects their aggressive actions to your accident. We must show that their road rage directly led to the crash that injured you.
- Damages proves you suffered real harm with a measurable cost. This includes your medical expenses, lost income, and pain and suffering.
What Evidence Should I Gather Right Away?
The evidence you collect immediately after a road rage accident often makes or breaks your case. If you’re physically able, try to gather as much information as possible:
- Get the police report number from responding officers
- Take photos of vehicle damage, the accident scene, and your injuries
- Save any dashcam footage from your car or nearby vehicles
- Collect names and phone numbers of witnesses
- Look for security cameras at nearby businesses or homes
- Keep all medical records and bills from your treatment
- Document missed work days and lost wages
Evidence can disappear quickly, so acting fast is critical. Surveillance footage gets deleted, witnesses forget details, and physical evidence gets cleaned up. The sooner you preserve everything, the stronger your case becomes.
Does Comparative Fault Reduce My Recovery?
Missouri follows a pure comparative negligence rule, which means you can still recover compensation even if you were partially at fault for the accident. Your total award simply gets reduced by your percentage of blame.
In road rage cases, this might apply if you reacted to the other driver’s aggression. Maybe you honked back, made gestures, or yelled at them. While this doesn’t excuse their dangerous behavior, it might reduce your compensation slightly.
For example, if you’re awarded $100,000 in damages but found 20% at fault for escalating the situation, you’d receive $80,000. Even if you’re blamed for a car accident where you reacted to road rage, you still get most of your compensation despite sharing some blame.
This rule also protects victims of no-contact road rage accidents. If an aggressive driver forced you to swerve off the road to avoid being hit, you can still hold them liable even though your vehicles never touched.
How Long Do I Have to File in Missouri?
Missouri gives you five years from the accident date to file a personal injury lawsuit. While this seems like plenty of time, you should take action much sooner to protect your case.
Evidence disappears quickly after an accident. Witnesses move away or forget what they saw. Security footage gets deleted. Physical evidence from the crash scene gets cleaned up or repaired.
Important exceptions can shorten or extend this deadline:
- Claims against government entities have much shorter deadlines
- If you were a minor when injured, the clock might not start until you turn 18
- If the defendant leaves Missouri, the deadline might pause
Don’t risk losing your right to compensation by waiting. Contacting an attorney immediately ensures all deadlines are met and your evidence is preserved while it’s still fresh.
What Should I Do After a Road Rage Crash?
Knowing what to do after a Missouri car accident involving road rage is crucial for both your safety and your legal case. Follow these steps to protect yourself and preserve your claim:
Ensure safety first by getting to a safe, well-lit location away from traffic. If the aggressive driver is still present and seems dangerous, stay in your locked car and call 911 immediately.
Avoid any confrontation with the other driver. Don’t get out of your vehicle, make eye contact, or engage in any way. Your safety is more important than anything else.
Document everything if it’s safe to do so. Take photos of both vehicles, the license plate, and the other driver if possible. Call 911 even if no one seems seriously injured.
Seek medical attention as soon as possible, even if you feel fine. Some serious injuries like concussions or internal bleeding don’t show symptoms right away.
Report to your insurance company but avoid giving recorded statements until you’ve spoken with a lawyer. Insurance adjusters often try to get you to say things that hurt your case.
Contact an attorney before dealing with the other driver’s insurance company. They’ll try to minimize your injuries and shift blame onto you.
Get Legal Help for Your Road Rage Injuries
At Beck & Beck Missouri Car Accident Lawyers, we focus exclusively on Missouri auto accident law. We’re the only firm in the state with this singular focus, and we’ve been helping injured victims since 1990.
Our experience has taught us how to handle aggressive driver cases. Our firm has extensive experience handling road rage claims and knows how to counter insurance companies that try to deny them.
When you work with us, you get a dedicated legal team that fights for you:
- Free consultations available 24/7 to answer your questions
- No fees unless we win your case
- We handle insurance companies so you can focus on healing
- Help finding medical care if you need treatment
- Maximum compensation for road rage claims
We understand how traumatic road rage accidents can be. You shouldn’t have to fight insurance companies while you’re trying to recover from your injuries, which is why you need a lawyer for these complex cases.
Don’t face the aftermath of a road rage crash alone. Contact us online for your free case review. We’ll listen to what happened and explain your legal options with no obligation.
Road Rage Car Accident FAQs
Can I Recover if There Was No Vehicle Contact?
You can still recover compensation in a no-contact road rage accident. If another driver’s aggressive behavior forced you to swerve and crash while trying to avoid them, they can be held liable for your injuries even though your vehicles never touched.
Do I Need a Criminal Conviction to Win My Case?
No, your civil injury case is completely separate from any criminal charges. You can win your personal injury claim and recover compensation even if the aggressive driver is never arrested or convicted of a crime.
Can I Sue for Emotional Distress in Missouri?
Yes, emotional distress is a major component of road rage injury claims. You can recover compensation for anxiety, PTSD, depression, and fear of driving that results from the traumatic incident.
Will My Insurance Rates Go Up if I Use Uninsured Motorist Coverage?
No, Missouri law prohibits insurance companies from raising your rates for filing a not-at-fault claim using your uninsured motorist coverage.
How Do Punitive Damages Work in Road Rage Cases?
Courts award punitive damages to punish drivers for extreme misconduct and deter others from similar behavior. In Missouri, these damages are capped at $500,000 or five times your actual damages, whichever is greater.
What if I Also Got Angry and Reacted to the Other Driver?
You can still recover compensation under Missouri’s comparative fault law even if you reacted angrily.
