Posted by: Kisling, Nestico & Redick, LLC
Aggressive driving is a serious public safety issue in Ohio. The National Highway Traffic Safety Administration defines aggressive driving as a combination of moving violations that endanger the property and lives of other people. These violations can include speeding, improper passing, failure to yield, following too closely, and running red lights. An aggressive driver can be defined as one who commits one or more of these violations in a reckless or intimidating manner.
The GHSA also identifies aggressive drivers as those who do not abide by traffic rules and regulations and thus cause increased risk of injury to other motorists, pedestrians and bicyclists on the roadways. Fifteen states have passed laws specifically addressing aggressive driving. The Ohio State Patrol has a program specifically targeted at apprehending aggressive drivers.
The Governors Highway Safety Association has identified speeding as a common component of aggressive driving. Speeding is commonly defined as driving too fast for conditions or exceeding the posted speed limit. Speeding is a major factor in approximately one-third of all traffic deaths.
Aggressive driving behavior can result in serious injuries or fatalities. A reckless driver may face serious criminal charges if he or she causes a car crash. A reckless driver can also be held liable for a victim’s losses and damages.
When a reckless or aggressive driver causes an accident, injured victims have the right to sue the driver and recover compensation. Damages can be recovered for loss of income, medical expenses, and pain and suffering. If the aggressive driver’s conduct was particularly reckless, punitive damages may also be recoverable. Punitive damages are intended not to compensate but to punish a wrongdoer and deter others from similar conduct.