There have been several incidents of road rage over the past several years. Because of these accidents, there would be personal injury and property damage as well. This can prove to be very distressing. You may be wondering if it is possible to sue the other driver who was the cause of the accident. The main problem with such a lawsuit is that you need to be able to identify the person who assaulted you. Most of the time, the guilty party would not stay in the spot after causing the accident. Therefore, it can be very difficult to file a case against the other driver.
There are two types of acts that can constitute as road rage. Assault means the fear that there would be a chance would be struck. This would mean that the other person did something or made a gesture that caused an apprehension in you that you would be assaulted. Battery is the actual act of harming the other person. This would mean the other party did some harm to you that caused you injury. Some examples of battery are:
When the other party starts hitting your car with his car, it would constitute as battery.
If the other party comes out of his car and starts pounding on your car while you are still in the car or nearby, it would be seen as battery.
If the driver drives you off the road, gets out of the car and starts striking you, it would be constituted as battery.
If the other party does any of the above acts or something similar to it, then he would be liable for battery. Also, you can sue him for assault as in all the above acts there was a reasonable apprehension that you would be struck.
Once you recover from your injuries that you suffered in a road rage, you need to make sure that you keep all the medical bills. These medical bills, along with any loss in earnings as you would be unable to go to work, would become part of the damages that you would claim from the other party. Assault and battery are both civil and criminal cases. Apart from filing the civil suit, you should also contact the law enforcement agencies so that you can register a criminal case. You should also find out if there were any witnesses so that they can help you in your case.
