Aggressive Driving Accident Attorney

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Aggressive Driving Accident Attorney

When someone’s reckless choices behind the wheel cause an accident, victims often suffer painful injuries, emotional strain, and unexpected financial pressure. A skilled aggressive driving accident attorney helps injured people hold negligent drivers accountable for the harm they’ve caused.

At Graves McLain Injury Lawyers, we stand beside individuals and families in Tulsa and across Oklahoma who want justice after someone else’s aggressive behavior caused a serious crash. Our team helps clients pursue compensation for medical expenses, lost income, and other losses. Contact us today for a free consultation to learn how we can help with your claim.

Guide for Aggressive Driving Accidents in Oklahoma

Key Takeaways: Aggressive Driving in Oklahoma

  • Aggressive driving involves deliberate, dangerous behaviors that show disregard for safety.
  • Oklahoma law treats aggressive driving as a serious offense that may result in both criminal and civil penalties.
  • Common causes include traffic stress, time pressure, and reckless attitudes behind the wheel.
  • Evidence such as dashcam footage, police reports, and witness statements strengthens a victim’s claim.
  • Legal representation helps ensure that negligent drivers and their insurers are held responsible for the damage they cause.

What Is Considered Aggressive Driving in Oklahoma?

Aggressive driving is operating a motor vehicle in a manner that willfully disregards the safety of others. The behavior often involves more than one traffic violation happening at the same time, such as speeding while tailgating or weaving through traffic. Oklahoma law recognizes this conduct as a threat to public safety.

Common Aggressive Driving Behaviors Under Oklahoma Law

  • Speeding excessively: Driving well above the posted limit in heavy traffic.
  • Tailgating: Following another vehicle too closely to intimidate the driver.
  • Improper lane changes: Moving between lanes without signaling or checking blind spots.
  • Running red lights or stop signs: Ignoring traffic signals to get ahead.
  • Blocking other drivers: Intentionally preventing others from passing or merging.

How Aggressive Driving Differs from Road Rage

Aggressive driving involves unsafe actions, while road rage goes further by including deliberate acts of violence or intimidation. For instance, tailgating and cutting someone off fall under aggressive driving, but getting out of the car to threaten another driver may require the help of a car accident attorney because it constitutes road rage.

Penalties for Aggressive Driving in Oklahoma

Oklahoma imposes fines, points on a driver’s record, and possible license suspension for aggressive driving violations. If the behavior results in injury or death, criminal charges may follow. These penalties aim to discourage reckless conduct and protect everyone on the road.

What Causes Aggressive Driving Accidents?

Aggressive driving doesn’t happen by accident. Certain environmental and personal factors often lead drivers to behave recklessly.

Traffic Congestion and Stress

Heavy traffic can test anyone’s patience, but some drivers react by speeding, tailgating, or weaving through lanes to get ahead. These impulsive choices often end in collisions that could have been avoided.

Running Late or Time Pressure

When drivers feel rushed, they may take dangerous shortcuts, such as ignoring traffic signals or cutting off others. Prioritizing speed over safety often results in serious crashes.

Anonymity Behind the Wheel

Drivers sometimes act differently when they feel shielded by their vehicle’s anonymity. They may engage in aggressive conduct they’d never attempt in face-to-face interactions.

Aggressive Personality Traits

Some individuals display competitive or short-tempered behavior even outside of driving. Behind the wheel, these traits can lead to road rage incidents and preventable injuries.

How Does Oklahoma Law Address Aggressive Driving?

The state treats aggressive driving as a serious traffic offense. Victims may pursue both criminal penalties and civil compensation against the at-fault driver.

Oklahoma Statutes on Reckless Driving (Title 47)

Title 47 of the Oklahoma Statutes defines reckless driving as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” This broad definition allows law enforcement to penalize drivers who engage in dangerous behavior.

Traffic Violations Associated with Aggressive Driving

Aggressive driving often includes multiple violations at once, such as:

  • Speeding excessively in heavy traffic
  • Improper passing on the shoulder
  • Failing to yield the right of way
  • Ignoring traffic control devices

Criminal vs. Civil Consequences

A driver may face criminal charges for reckless conduct and civil liability for damages they cause. Criminal penalties involve fines or jail time, while civil cases focus on compensating victims for losses like medical costs or lost income.

Enhanced Penalties for Causing Injury

When aggressive driving leads to injury or death, Oklahoma courts may impose harsher penalties. These enhanced consequences reflect the serious harm that reckless behavior inflicts on others.

What Are the Most Common Types of Aggressive Driving Accidents?

Aggressive behavior behind the wheel contributes to many types of serious collisions.

Rear-End Collisions from Tailgating

Tailgating leaves no time to stop if the vehicle ahead slows suddenly. Even at moderate speeds, the impact can cause neck and back injuries.

High-Speed Crashes

Driving far above the speed limit reduces reaction time and increases the force of impact. High-speed collisions often result in catastrophic injuries or fatalities.

Sideswipe Accidents from Unsafe Lane Changes

Drivers who weave between lanes without signaling risk striking vehicles beside them. These collisions can force cars into barriers or other lanes, leading to multi-vehicle accidents.

Intersection Collisions from Running Red Lights

Running a red light or stop sign often causes T-bone crashes that seriously injure occupants on the struck side of the vehicle.

What Injuries Result from Aggressive Driving Accidents?

Aggressive driving accidents frequently cause severe and lasting harm.

Traumatic Brain Injuries

A blow to the head during a crash may cause a concussion or traumatic brain injury, leading to memory problems, headaches, or long-term cognitive issues.

Spinal Cord Injuries and Paralysis

Damage to the spine may result in partial or complete paralysis, requiring ongoing medical care and adaptive equipment.

Broken Bones and Fractures

High-impact collisions often cause broken ribs, arms, or legs, which may require surgery and months of rehabilitation.

Internal Organ Damage

Blunt force trauma can damage organs like the liver or spleen. Internal bleeding is a medical emergency that requires immediate attention.

Emotional and Psychological Trauma

Many victims experience anxiety, depression, or post-traumatic stress after a violent crash. These emotional effects often interfere with daily life and relationships.

Who Can Be Held Liable for an Aggressive Driving Accident?

Determining liability helps ensure that all responsible parties are held accountable.

Establishing Driver Negligence

Negligence occurs when a driver fails to use reasonable care. Speeding, tailgating, or ignoring traffic signals demonstrate that a driver acted recklessly and caused harm to others.

Employer Liability for Commercial Drivers

When an employee drives aggressively while performing work duties, the employer may share responsibility for resulting damages.

Vehicle Owner Liability

If the vehicle owner allowed a reckless driver to use their car, they might be held accountable under Oklahoma’s negligent entrustment laws.

Third-Party Liability

Sometimes, other parties such as auto manufacturers or maintenance providers contribute to an accident. Fault may extend to them if a defective part or poor repair played a role.

What Compensation Can You Recover After an Aggressive Driving Accident?

Victims of aggressive driving accidents may pursue financial recovery through a civil claim.

Economic Damages

These losses include measurable financial harm such as:

  • Medical bills and rehabilitation expenses
  • Property damage to your vehicle
  • Lost wages or reduced earning capacity

Non-Economic Damages

These address the personal impact of the accident, such as:

  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress

Punitive Damages in Oklahoma

Courts may award punitive damages to punish particularly reckless conduct. These awards aim to deter similar behavior in the future.

Wrongful Death Damages

Families who lose a loved one may recover damages for funeral expenses, lost financial support, and the loss of companionship.

How Do You Prove Aggressive Driving Caused Your Accident?

Proving aggressive driving requires strong, credible evidence that links the driver’s behavior to the crash.

Police Reports and Traffic Citations

Police reports document the officer’s observations and may include citations that support your case.

Witness Testimony

Bystanders or passengers who saw the event can describe the driver’s actions leading up to the collision.

Video Evidence and Dash Cam Footage

Surveillance or dash cam video often provides direct proof of aggressive driving behaviors.

Expert Accident Reconstruction

Accident reconstruction specialists analyze skid marks, vehicle damage, and other physical evidence to show how the crash occurred.

Electronic Data from Vehicles

Modern cars store data about speed, braking, and steering inputs. This information helps verify whether the driver acted recklessly.

What Is the Statute of Limitations for Aggressive Driving Accidents in Oklahoma?

In most aggressive driving accident cases, Oklahoma gives victims two years from the date of the crash to file a personal injury lawsuit. The same two-year rule typically applies to property damage claims as well as wrongful death claims.

Exceptions That May Extend or Shorten the Deadline

A few exceptions can affect the standard two-year deadline:

  • Claims involving minors: When the injured person is under 18, the clock may not start running until they reach adulthood.
  • Government entities: If the at-fault driver worked for a government agency, strict notice requirements apply. You may have as little as one year to take legal action.
  • Discovery of injury: In rare cases where the harm isn’t immediately apparent, the deadline may begin when the injury is discovered or should have been discovered through reasonable care.

Because these exceptions vary by circumstance, consulting an attorney early helps ensure that you don’t lose your right to file.

Importance of Acting Quickly

Time works against accident victims. Evidence such as surveillance footage, skid marks, and witness recollections fades or disappears as weeks pass. Acting quickly allows your attorney to preserve crucial proof, contact witnesses, and build a stronger case.

How Graves McLain Injury Lawyers Can Help

Our legal team takes a thorough and strategic approach to every case. We focus on holding negligent drivers accountable while helping injured clients move forward.

Thorough Investigation of Your Accident

We gather police reports, witness statements, and physical evidence to build a strong foundation for your case.

Gathering and Preserving Critical Evidence

We work quickly to secure video footage, vehicle data, and other materials before they are lost or destroyed.

Negotiating with Insurance Companies

Insurance companies sometimes try to minimize payouts or deny valid claims. Our attorneys advocate for fair compensation and hold insurers accountable for their obligations.

Pursuing Maximum Compensation

We carefully calculate all damages, including medical expenses, lost income, and long-term care needs, to support a comprehensive claim.

Taking Your Case to Trial if Necessary

If insurers refuse to resolve the case fairly, our trial attorneys are prepared to present your case in court.

Contingency Fee Representation

You won’t pay any attorney fees unless we recover money through a settlement or verdict on your behalf.

Frequently Asked Questions About Aggressive Driving Accident Claims

Can I still recover compensation if I was partially at fault for the accident?

Yes. Oklahoma follows a modified comparative negligence rule, which means you can still recover damages as long as you were less than 50 percent at fault. Your recovery is reduced by your percentage of fault.

What should I do immediately after an aggressive driving accident?

Call the police, seek medical attention, and document the scene by taking photos and collecting contact information from witnesses. Avoid discussing fault at the scene and contact an attorney as soon as possible.

How long does it take to resolve an aggressive driving accident claim?

The timeline varies depending on factors like the severity of injuries, the complexity of evidence, and the insurance company’s response. Some cases resolve in a few months, while others take longer if litigation becomes necessary.

Will my case go to trial?

Most cases settle outside of court. However, if the at-fault party or insurer refuses to take responsibility, we’ll be ready to present your case to a jury.

How much does it cost to hire an aggressive driving accident attorney?

At Graves McLain Injury Lawyers, you don’t pay any upfront fees. We only receive payment if we secure a financial recovery for you.

Contact Our Aggressive Driving Accident Lawyers in Oklahoma Now

Aggressive driving accidents cause serious harm and long-term hardship for victims and their families. Oklahoma law provides the right to hold negligent drivers responsible for their actions. Graves McLain Injury Lawyers has helped many people rebuild after devastating crashes by pursuing accountability and fair compensation. Because personal injury claims must be filed within strict deadlines, don’t wait to get legal advice.

Call 918-359-6600 today to schedule a free consultation and learn how our team can help you move forward after an aggressive driving accident.

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    OklahomaSubmitted April 5th, 2023
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    OklahomaSubmitted April 5th, 2023
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