Aggressive driving is a serious problem in Boston, which was deemed last year to have the “worst drivers” in the U.S. – largely attributed to the arguably deserved reputation for being rude, argumentative and on the offensive.
But we certainly aren’t the only ones affected by this issue.
NFL cornerback Adam “Packman” Jones recently found himself in hot water – again – following an alleged road rage incident.
While there seems like more that could be accomplished through going to additional anger management classes, this is actually an improvement upon his behavior in past years, as he readily admits.
As our Boston car accident lawyers can explain, anger on the roads is a real problem that leads road rage, and this can lead to crashes involving serious injury or death. While we often hear news stories about people getting cut off or experiencing some other perceived slight on the roads by another driver and then taking out a gun, most rage incidents do not involved firearms. Instead, they involved aggressive and dangerous driving, and this can and often does result in a serious car accident.
Most car accident lawsuits in Boston involve allegations or claims, as they are called in the context of a civil lawsuit involving negligent driving. Negligence is a tort (civil wrong) that has the following four elements:
- Duty
- Breach
- Causation
- Damages
In order to prove a case by a preponderance of evidence, plaintiff must prove that defendant owed a duty of due care to act as a reasonable and prudent person so as to avoid a predictable injury to predictable persons and property. Plaintiff must also establish a breach of this duty.
In the case of a car accident lawsuit, if defendant chose to drive on the streets or roads of the Commonwealth, he or she has undertaken that duty of care as a matter of law. The breach can be the commission of a traffic violation. The final two elements are that this breach of a duty of due care caused (actually and proximately) damages (financial loss) to plaintiff.
However, in some cases, the conduct can go beyond mere negligence. Some cases will involve reckless conduct. Recklessness involves acting with a complete disregard towards the safety and wellbeing of others. Road rage can be an example of reckless conduct.
If you are injured in an accident in Massachusetts, call Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
Additional Resources:
Adam Jones involved in car accident, explodes in verbal tirade, May 9, 2017, By Jesse Reed, TMZ
More Blog Entries:
School in Falmouth Holds Memorial for Student Athletes Killed in Crash, Feb. 12, 2017, Boston Car Accident Lawyer Blog