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Aggressive Driving

Aggressive Driving Accident Lawyers

Nearly everyone has encountered an aggressive driver on the road. These drivers may speed down I-95, tailgate or follow too closely in traffic, cut off other drivers with no regard for safety, or disobey traffic signals. These behaviors are not just annoying—in one study, the National Highway Traffic Safety Administration found that aggressive driving maneuvers contributed to 56% of fatal traffic accidents.

When an aggressive driver causes an accident or an injury, that person should be held responsible for his or her actions in court. At Gerson & Schwartz, P.A., our Miami car accident lawyers are experienced in dealing with legal claims including claims against aggressive drivers. If an aggressive driver in Miami was the legal cause of an accident, or that you or a loved one were seriously injured, our Miami accident attorneys can help you get justice after someone else’s reckless behavior causes an injury.

What is Aggressive Driving?

When a person is an aggressive driver, he or she maneuvers a vehicle in a way that increases the risk of an accident. Florida is one of only 11 states that have specifically defined the offense of aggressive driving in their state statutes.

In Florida, a person can receive a ticket for aggressive driving if he or she engages in two or more of the following behaviors at once or in succession:

  • Speeding;
  • Unsafe or improper lane changes;
  • Tailgating or following too closely;
  • Failing to yield the right-of-way; and/or
  • Violating traffic signals or controls.

All of these are dangerous on their own, but a combination of any of these behaviors can exponentially increase the potential for a deadly accident. For instance, a person might be speeding but otherwise driving in a safe manner. However, if that same person is speeding while weaving in and out of traffic and tailgating other drivers, that person is endangering every other driver on the road.

What Can I Recover for Against an Aggressive Driver Under Florida Law?

Legal Compensation a claim may include for an auto, car or motor vehicle accident with an aggressive driver may include:

  • Wage loss
  • Damages for Pain and Suffering
  • Future medical bills
  • Out of pocket expenses
  • Scarring and disfigurement
  • Compensation for a permanent injury
  • Inability to lead a normal life
  • Emotional and psychological harms
Holding Aggressive Drivers Responsible in Miami

Every year, Florida police specifically target aggressive drivers through their TACT campaign. The campaign, which stands for Ticketing Aggressive Cars and Trucks, focuses on raising awareness of the dangers of aggressive driving and punishing those who disobey state law and endanger other motorists. This period of increased enforcement usually lasts for 2-3 weeks and results in thousands of aggressive driving traffic tickets across the state.

When a police officer stops an aggressive driver or responds to an accident caused by an aggressive driver, the officer has the option of checking a box on the traffic ticket indicating that the person receiving the ticket had engaged in aggressive driving.

While there is no additional statutory punishment for aggressive driving, the checked box on the traffic indicates to a judge or jury that the person who was ticketed engaged in extraordinarily reckless behavior. As a result, the driver may face stiffer punishments or sentencing in a criminal case or traffic court case. For example, the driver might be required to complete a traffic course specifically addressing aggressive driving.

Aggressive drivers may also face additional consequences in civil court. When an aggressive driver causes an accident, an injured person will usually sue for damages on the basis of negligence. When a driver has already been ticketed for aggressive driving, it serves as evidence that he or she was not operating the vehicle in a safe manner and will strengthen the injured person’s case.

Get Help After an Injury or Accident in Miami

Aggressive drivers are not rare in South Florida. If you or a loved one was injured or killed as a result of an aggressive driver’s reckless behavior, you have options. At Gerson & Schwartz, our experienced Miami personal injury attorneys can review your case for free and will help you pursue justice for your injuries. To schedule your free consultation, contact us today by calling (305) 371-6000.

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User