We’ve all seen it—a driver weaving aggressively through traffic, tailgating dangerously close, or laying on the horn over a minor inconvenience. In more extreme cases, we’ve seen drivers chase each other, make threatening gestures, or even attempt to force other vehicles off the road.

Aggressive driving and road rage are serious problems on Florida’s roads. But what happens when this dangerous behavior causes an accident? How does it affect your ability to recover compensation—and what if you’re wrongly accused of being the aggressor?

Here’s what you need to know about how aggressive driving and road rage can impact your car accident claim.

What’s the Difference Between Aggressive Driving and Road Rage?

While these terms are often used interchangeably, they actually describe different levels of dangerous behavior—and the distinction can matter for your claim.

Aggressive Driving

Aggressive driving refers to dangerous driving behaviors that show a disregard for safety. These are typically traffic violations that, while reckless, don’t necessarily involve anger or intent to harm. Examples include:

  • Speeding significantly over the limit
  • Tailgating or following too closely
  • Weaving in and out of traffic
  • Running red lights or stop signs
  • Failing to yield the right of way
  • Improper lane changes without signaling
  • Passing on the shoulder
  • Racing other vehicles
  • Blocking other drivers from changing lanes

Aggressive driving is generally treated as a traffic offense, though serious cases can result in criminal charges like reckless driving.

Road Rage

Road rage takes aggressive driving to a more dangerous level. It involves anger, hostility, and often an intent to intimidate, harm, or retaliate against another driver. Road rage behaviors include:

  • Chasing or following another vehicle
  • Intentionally ramming or sideswiping another car
  • Forcing another vehicle off the road
  • Brake checking (slamming brakes to intimidate a following driver)
  • Threatening gestures or verbal threats
  • Throwing objects at other vehicles
  • Getting out of the vehicle to confront another driver
  • Using a vehicle as a weapon
  • Brandishing a weapon

Road rage incidents can result in serious criminal charges, including assault, aggravated assault, reckless endangerment, or even attempted murder in extreme cases.

Florida Laws on Aggressive Driving

Florida takes aggressive driving seriously. Under Florida Statute 316.1923, aggressive driving is defined as committing two or more of the following acts simultaneously or in succession:

  • Exceeding the posted speed limit
  • Unsafely or improperly changing lanes
  • Following another vehicle too closely
  • Failing to yield the right of way
  • Improperly passing
  • Violating traffic control devices

Aggressive driving is a moving violation that can result in fines, points on your license, and increased insurance rates. More serious behaviors—especially those involving road rage—can lead to criminal charges including:

  • Reckless driving—a misdemeanor punishable by fines and up to 90 days in jail
  • Assault or aggravated assault—if threats or weapons are involved
  • Vehicular assault—if the vehicle is used as a weapon
  • Felony charges—if the road rage results in serious injury or death

How Aggressive Driving Affects Your Accident Claim

If you were injured by an aggressive driver, their behavior can significantly impact your claim in several ways:

1. Clear Evidence of Negligence

Aggressive driving behaviors are clear violations of traffic laws and the duty to drive safely. If you can prove the other driver was speeding, tailgating, weaving through traffic, or engaging in other aggressive behaviors, you’ve established strong evidence of negligence.

This makes it much harder for the insurance company to argue that the accident was unavoidable or that you were at fault.

2. Potential for Higher Damages

Juries and insurance adjusters often view aggressive driving as particularly reckless and irresponsible. This can:

  • Increase the value of pain and suffering awards
  • Make insurance companies more willing to settle for higher amounts
  • Strengthen your position in negotiations

In cases involving road rage, where the driver’s actions were intentional rather than merely careless, you may have even stronger grounds for compensation.

3. Possibility of Punitive Damages

In rare cases involving extreme recklessness or intentional misconduct, Florida courts may award punitive damages. Unlike compensatory damages (which compensate you for your losses), punitive damages are designed to punish the wrongdoer and deter similar behavior.

Road rage incidents—where a driver intentionally uses their vehicle to harm or intimidate—are among the types of cases where punitive damages may be considered.

4. Criminal Charges Can Help Your Civil Case

If the aggressive driver was cited for traffic violations or charged with a crime (like reckless driving or assault), this can help your civil claim. While a traffic ticket alone isn’t proof of fault, it’s evidence that law enforcement believed the driver violated the law.

Criminal convictions can be even more powerful evidence in your civil case.

Proving Aggressive Driving or Road Rage

To strengthen your claim, you’ll need evidence that the other driver was behaving aggressively. Helpful evidence includes:

  • Police reports—officers may document aggressive behavior, witness statements, or issue citations
  • Witness testimony—other drivers who observed the aggressive behavior
  • Dashcam footage—video from your vehicle or others showing the driver’s actions
  • Traffic camera footage—surveillance from intersections or nearby businesses
  • 911 calls—if you or witnesses called to report aggressive driving before the crash
  • The driver’s statements—admissions at the scene or to police
  • Physical evidence—skid marks, point of impact, and vehicle damage can reveal speed and maneuvers
  • Accident reconstruction experts—specialists who can analyze the crash and determine what happened

If you witnessed aggressive driving before the crash, tell the responding officers everything you observed. Your account becomes part of the official record.

What If You’re Accused of Aggressive Driving?

Insurance companies often try to shift blame to accident victims. If the other driver or their insurance company claims that you were the aggressive one, it could seriously damage your claim.

Under Florida’s comparative negligence rules:

  • If you’re found partially at fault, your compensation is reduced by your percentage of fault
  • If you’re found 50% or more at fault, you recover nothing

To protect yourself from false accusations:

  • Stay calm at the scene—don’t yell, argue, or make threatening statements, even if the other driver is hostile
  • Don’t admit fault—avoid saying things like “I was in a hurry” or “I should have slowed down”
  • Document everything—photos, witness information, and your own account of what happened
  • Get witness contact information—neutral witnesses can refute false claims
  • Save any dashcam footage—video evidence can prove you weren’t the aggressor
  • Contact an attorney—who can protect you from unfair blame-shifting

What to Do If an Aggressive Driver Causes an Accident

If you’ve been in an accident with an aggressive driver, take these steps:

  1. Prioritize safety—if the other driver seems hostile, stay in your vehicle with doors locked and call 911
  2. Don’t engage—avoid confrontation, even if the other driver is yelling or threatening
  3. Call police immediately—aggressive driving and road rage should be documented by law enforcement
  4. Document their behavior—if safe, note specific actions you witnessed (tailgating, weaving, speeding)
  5. Gather witness information—other drivers may have seen the aggressive behavior
  6. Take photos—of the scene, vehicle damage, and any visible injuries
  7. Seek medical attention—get checked out within 14 days to protect your PIP benefits
  8. Report to your insurance—notify your insurance company about the accident
  9. Contact an attorney—especially important in aggressive driving cases where fault may be disputed

How to Protect Yourself from Aggressive Drivers

While you can’t control other drivers, you can take steps to protect yourself:

  • Don’t engage—if someone is driving aggressively, don’t respond in kind
  • Let them pass—move over safely and let aggressive drivers go by
  • Avoid eye contact—this can be seen as confrontational
  • Don’t make gestures—even a frustrated wave can escalate the situation
  • Create distance—slow down or change lanes to get away from aggressive drivers
  • Don’t go home—if you’re being followed, drive to a police station or busy public place
  • Call 911 if threatened—report aggressive drivers who are endangering you or others
  • Consider a dashcam—video evidence can be invaluable if an aggressive driver causes a crash

Aggressive Driving Statistics

Aggressive driving is a serious and growing problem:

  • According to the NHTSA, aggressive driving plays a role in over 50% of fatal crashes
  • The AAA Foundation for Traffic Safety found that nearly 80% of drivers expressed significant anger, aggression, or road rage behind the wheel at least once in the past year
  • About 8 million drivers engaged in extreme road rage behaviors, including ramming another vehicle or getting out of their car to confront another driver
  • Speeding—a common aggressive driving behavior—was a factor in 29% of all traffic fatalities in 2022

These statistics underscore why aggressive driving claims are taken seriously by courts and juries.

Insurance Considerations

It’s worth noting that some insurance policies may not cover intentional acts. If a road rage driver intentionally rammed your vehicle, their liability insurance might deny the claim, arguing the damage was intentional rather than accidental.

In these situations, you may need to:

This complexity is another reason why having legal representation is valuable in aggressive driving and road rage cases.

Florida’s Statute of Limitations

Whether you were injured by an aggressive driver or a road rage incident, Florida’s statute of limitations gives you only two years from the date of your accident to file a personal injury lawsuit. Don’t wait to explore your legal options.

We’re Here to Help

At The Lowman Law Firm, we’ve handled cases involving aggressive drivers and road rage incidents. We know how to gather the evidence needed to prove the other driver’s reckless behavior and fight for the compensation you deserve.

If you’ve been injured by an aggressive driver, we’re here to help. Our team offers free case evaluations, and we work on a contingency fee basis—you pay nothing unless we recover compensation for you.

With offices across the region, we’re never far away:

Contact us today for a free consultation. You’re our neighbor, not a number—and we’re here to fight for you.

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