Aggressive driving constitutes a criminal offense in the eyes of Texas law. That said, parties who survive accidents with aggressive drivers have the right to pursue both criminal and civil cases against the offending driver. Criminal cases allow you to demand jail time and fines be placed upon the offending party. Civil claims allow you to pursue individual compensation.
If you are looking to file a civil aggressive driving car accident claim, you can contact Buzbee Law Firm. Our Waco aggressive driving car accident lawyers can walk you through the process of bringing your claim to the attention of the appropriate parties. We can then advocate for your right to compensation in a traditional trial or settlement negotiations.
Identifying Reckless Driving in Waco, TX
There is some overlap between behaviors that constitute reckless driving and aggressive driving in the state of Texas. Aggressive driving sees an offending driver violate roadway laws, but not in excess. This means that a person can be accused of aggressive driving if they:
- Pass without signaling
- Drive less than ten miles over the speed limit
- Drive under the speed limit
- Ignore road signs
- Engaging in rolling stops
According to Texas Transportation Code §545.001, aggressive driving charges can see a person face fines of up to $200. However, you can only request the person face these charges by bringing a criminal case against them.
If you want to receive compensation for any losses endured in an aggressive driving accident, you need to pursue civil litigation. Civil cases give you the right to request compensation in return for losses endured in your accident. That said, if you’re interested, you can pursue a criminal and civil case against the same party for the same accident at the same time.
Pursuing Simultaneous Criminal and Civil Aggressive Driving Cases
When faced with the aftermath of an aggressive driving accident, your pursuit of a criminal case can impact an equivalent civil case. For example, criminal cases that resolve before sister civil cases can contribute to the resolution of said civil cases.
You can use a criminal conviction as definitive proof of negligence in civil cases. With that in mind, let our attorneys know if you are interested in pursuing a criminal suit against the offending party. We can keep track of applicable proceedings and share data as appropriate.
For a free legal consultation with a aggressive driving car accidents lawyer serving Waco, call 844-349-9196
Your Aggressive Driving Accident Lawsuit Has a Deadline
If you want to bring an aggressive driving accident case against someone, you must do so within the Texas statute of limitations. This statute limits the amount of time you have to gather data regarding your losses. You can collaborate with an attorney to use this time to your advantage.
Texas Civil Practice & Remedies Code §16.003 limits a victim’s actionable time to two years. It’s believed that filing a suit after this time period can see the survivors present inaccurate memories of the accident.
If you find yourself coming up on your statute of limitations, or if you didn’t know that you could file a suit and your statute has passed, don’t worry. You can still bring your concerns to our team. Waco, TX, aggressive driving accident attorneys can work within the laws attending to your case to help you find alternative means to compensation.
Waco Aggressive Driving Car Accident Lawyer Near Me 844-349-9196
Holding Multiple Parties Accountable for Aggressive Driving
Aggressive driving suits specifically target drivers who engage in unlawful behavior while on the road. You can, however, address your case through the lens of comparative negligence. For example, if a driver of a vehicle operates a vehicle with poorly-produced tires, both the driver and the tire manufacturer may be liable for your losses.
In this case, you could work with our team to determine the percentage of fault shared between these parties. In turn, you could table parties as liable for your losses in your complaint. So long as you have evidence defending your position, both parties may have to send representatives to civil court.
The key here is to gather what evidence you can of negligence while it is still fresh at the scene. You do not have to do this yourself, particularly if you are recovering from an injury. Instead, you can conscript an attorney. Our team can go back to the scene of an accident for you and bring forward evidence like:
- Bystander testimony
- Accident recreations
- Expert witness statements
- Footage of your accident
Requesting Damages for an Aggressive Driving Accident
Provided that you can prove that another party contributed to your aggressive driving accident, you can request that said liable party provide you with financial support throughout your recovery. Specifically, you can request that the party liable for your losses help you pay for economic expenses tied to your accident.
The economic expenses most often tied to aggressive driving accidents include property damage and medical bills. However, you can also request that the liable party help you make up for lost wages or lost opportunities for employment. You can even request that said party help you pay for at-home assistance.
Civil claims also give you the right to include non-economic losses in your request for support. These losses can include pain and suffering as well as emotional distress and accident-related stress. Because these losses don’t come with dollar values, an aggressive driving accident lawyer in Waco can use state-approved multipliers to stand in for their economic worth.
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Contact Buzbee Law for an Aggressive Driving Case Consultation Today
You have the right to bring aggressive driving cases forward in criminal and civil court. Our team can present the story of your losses to a civil judge and make sure your voice is heard.
With that in mind, contact an aggressive driving attorney in Waco, TX, as soon as you can after an accident. We can prevent law enforcement and allegedly-liable parties from misrepresenting your position. You can contact our team online or by calling our office. Let’s schedule your aggressive driving case consultation today.