Road Rage and Legal Consequences: Staying Safe on California Highways

California is fairly well-known for its heavy traffic, particularly around major cities like Los Angeles and San Francisco. Unfortunately, this often leads to road rage incidents when drivers get frustrated behind the wheel. Road rage is often linked to issues such as cutting other drivers off, tailgating, yelling at others, blocking people from merging or changing lanes, and even physical assault.

This type of aggressive driving can often lead to car accidents. If you were hurt in a car crash caused by a reckless driver, you may be able to file a personal injury lawsuit against them. With the help of our Walnut Creek car accident attorneys, we can help you get compensation for your property damage, lost wages, medical bills, pain and suffering, and other losses.

The Appel Law Firm represents accident victims throughout Northern California, including those injured by aggressive drivers. We offer free initial consultations and never charge a fee unless we recover your money. To learn more or to talk to a Walnut Creek personal injury lawyer, contact our law offices today.

How Common Are Road Rage Incidents in California?

Road rage includes a range of aggressive behaviors by a driver of a motor vehicle. Typically, these behaviors are disproportionate to the perceived offense that the victim committed – such as changing lanes without using a turn signal. Road rage behaviors may include:

• Shouting, screaming, and yelling at another driver;
• Cursing;
• Making rude gestures (like flipping someone off);
• Using a deadly weapon such as a gun;
• Cutting off another vehicle;
• Tailgating (following another vehicle too closely);
• Brake checking (slamming on the brakes suddenly);
• Throwing objects;
• Sideswiping;
• Ramming another vehicle; and/or
• Forcing a driver off of the road.

According to studies, the perpetrators of road rage tend to be younger and male.

In 2024, Forbes Magazine named California as the #1 state in the country for road rage incidents. It has the most confrontational drivers out of any state, with a large percentage of Californians experiencing some type of road rage. According to the survey:

• 47.5% of people have been cut off by another driver on purpose;
• 32% of people have been yelled at, cursed at, or threatened;
• 60.5% of California drivers have been tailgated by another vehicle;
• 11% of people said that an aggressive driver has exited their vehicle to yell at them or fight with them; and
• 35.5% of drivers reported that another driver has tried to block their car from merging or changing lanes.

Some types of road rage are relatively harmless. While it might hurt your feelings or make you feel bad if someone yells at you in traffic, you won’t experience any long-term effects. However, other types of road rage – like trying to force someone off of the road or threatening them with a deadly weapon – are much more dangerous. In some cases, reckless driving can even cause car accidents.

Is Road Rage Illegal in California?

In California, you can be penalized for road rage. Under the California Vehicle Code, the Department of Motor Vehicles (DMV) can suspend your driver’s license for engaging in road rage. This driver’s license suspension will be up to 6 months for a first offense and up to 1 year for a second or subsequent offense.

This license suspension will be based on a finding by the DMV that you lack the skill to drive or that you are a “negligent operator.” You are considered a negligent operator if you accumulate too many points on your driving record for moving violations and/or criminal driving offenses. The DMV will then issue an order of suspension.

In some cases, road rage can also be a criminal offense. There are a few criminal charges associated with road rage:

• Reckless driving, which occurs when a person drives with a wanton disregard for the safety of other people or their property. It is a misdemeanor offense that is punishable by up to 90 days of jail time.
• Criminal threats, which can be charged when a person threatens someone else with death or significant bodily injury. This may be charged as either a misdemeanor or a felony offense.
• Assault with a deadly weapon, which may be charged when someone attempts to injure another person either with a deadly weapon or with force that is likely to cause great bodily injury. A car can be considered a deadly weapon when it is used to try to run someone down.
• Murder, when occurs when a person kills another human being with “malice aforethought.” Under California law, malice aforethought means that the person acted with a wanton disregard for human life or does something that involves a high degree of probability that it will result in death.

Not all road rage cases will result in criminal charges. However, if a person’s aggressive driving causes bodily injury to another driver, then they may be charged with a crime. They may also be liable for any losses that a victim suffers as a result of their reckless driving. Our law firm can work with you to help you pursue financial compensation for your losses.

What Can I Do If I Was in a Car Accident Caused by Road Rage?

If you were involved in a car crash linked to road rage, then you may be able to file a personal injury lawsuit against the responsible driver. An experienced Walnut Creek car accident lawyer can help you navigate the process.

If the at-fault party was cited for violating traffic laws or is facing criminal charges for the incident, then you may have an easier time proving your case under a “negligence per se” theory. Typically, the accident victim (plaintiff) has to prove that the responsible driver (defendant) acted in a negligent, reckless, or intentional way to recover financial compensation for their injuries. However, under this legal theory, the other driver is presumed to be negligent.

The way that it works is relatively simple. If another driver violated a law that was intended to protect others and that violation caused the type of harm that the law was designed to prevent, negligence is presumed. For a road rage accident case, if the other driver was cited for a traffic violation or a criminal offense, you can use this to help prove your claim.

You may be able to recover money for all of your losses in a road rage accident claim. This may include compensation for your property damage, lost wages, reduced earning capacity, medical expenses, pain and suffering, emotional distress, and loss of enjoyment of life. For example, if another driver rammed into your vehicle because they were mad that you cut them off, you could seek money to fix your car and pay for any other losses that you experienced – including the trauma of having another person assault you in that way.

Our personal injury attorneys are skilled at helping accident victims get maximum compensation for their injuries. Reach out today to schedule a free consultation with a member of our legal team.

How to Avoid Road Rage Incidents

It isn’t always possible to avoid triggering road rage. After all, you have no idea what other drivers may be experiencing. In some cases, road rage may result from another person having a bad day – or even being under the influence of alcohol and/or drugs.

However, you can take steps to reduce the likelihood of being involved in a road rage incident by not engaging in aggressive driving yourself. This may include:

• Allowing plenty of time to reach your destination so that you don’t need to speed;
• Never cutting off other drivers;
• Staying out of the left lane except to pass;
• Only using your horn in emergencies;
• Letting other drivers merge into traffic when you can; and
• Not tailgating.

If you see any signs of road rage from another driver – such as someone “riding your bumper” – you can take steps to not escalate the situation. Do not make eye contact with the other driver. Allow them to pass you and don’t do anything to provoke them – like yelling, honking, or gesturing at them. If things get worse, contact the authorities if you are worried for your safety.

If the other driver stops you, do not get out of your car. If they follow you, don’t go home. Instead, go to a public place and wait for law enforcement to arrive. Too many road rage incidents have ended in tragedy – which is why it is important to do everything you can to de-escalate the situation.

Help for Victims of Road Rage Accidents

When we get behind the wheel of a car, we can’t always predict what other drivers will do. Sometimes, that means that we are hurt in a car crash because of distracted driving, drunk driving, or careless driving. In other cases, it may result in being hurt in a road rage accident. For all of these scenarios, our seasoned car accident attorneys will help you get the money that you deserve.

Based in Walnut Creek, the Appel Law Firm advocates for the rights of accident victims throughout Northern California – including those people hurt in road rage incidents. We handle all personal injury claims on a contingency fee basis, which means that you never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation Walnut Creek car accident lawyer, give us a call at 925-938-2000 or fill out our online contact form.