Charleston Aggressive Driving Accident Attorney

Injured in a Charleston Aggressive Driving Car Accident?

After an accident with an aggressive driver in Charleston, your first discussion about fault or liability may be with an insurance assessor. Their first priority, whether they are working for your insurance company or the other driver’s, is to protect the bottom line of the insurance company, not you.

At Allen Law we work to protect your rights and ensure that you and your family receive the maximum compensation. We offer 10+ years of experience representing Charleston car accident victims and the benefits of a personalized law firm, including in-depth knowledge of local courts and judges, and individual attention to your case. We offer free consultations and won't collect any fees until you have received an award. Call us today at (843) 882-5005 so we can start working for you.

As a smaller client-focused firm, we treat clients as real people — not file numbers”
- Julian Allen

What is Aggressive Driving?

Aggressive driving operating a vehicle in a manner which shows no concern for the safety of others. South Carolina prosecutes incidents of aggressive driving under existing codes for Reckless Driving (S.C. Code Ann. § 56-5-2920). Even if a driver is found not guilty of reckless driving in a criminal trial, damages could be awarded in a civil trial. Aggressive driving includes:

• Swerving in and out of lanes
• Excessive speeding
• Brake checking
• Following too close or tailgating
• Cutting off other drivers, or blocking them into a lane
• Driving on the shoulder, median or sidewalk
• Passing where prohibited
• Failure to follow posted signs, traffics officers, signals, and warnings
• Street racing

More Traffic and Rising Frustrations Lead to Aggressive Driving

Aggressive driving, and even road rage, has existed since cars first appeared on the roads. Why does it seem that incidents have risen? According to the AAA Foundation in 2019 80% of drivers reported an incident of rage, aggression or anger behind the wheel in the last 30 days. As more drivers fill the roads, it becomes more likely you will encounter a reckless or aggressive driver. More drivers also mean more traffic slowdowns and more distracted drivers that may impede traffic flow.

Work and personal lives have become more highly scheduled and fast-paced. These factors contribute to higher levels of frustration on the road. Finally, a sense of anonymity provided by the screen of the car windshield may make drivers less sensitive to the harm they can cause to real human lives. If you have been injured in an accident with an aggressive driver you need a Charleston car accident attorney to help you pursue justice and full compensation.

Aggressive Drivers are Liable for the Damages They Cause

South Carolina is not a “no fault” state. This means that in a traffic accident a percentage of fault is determined for each driver involved. As an example, if a driver hit a parked car, in most cases the driver of the moving vehicle would be assigned 100%, or all, of the fault. The parked vehicle would have 0%, or no fault. Many accidents are more complicated.

It might be determined that one driver was 80% at fault for a particular accident while the other driver was only 20% at fault. Any award made to the driver is reduced by their “percentage of fault.” If you were awarded $100,000, but were found to be 20% at fault, you would only receive $80,000. As long as you are less than 51% at fault you can seek compensation. The percentage of fault is determined by insurance assessors. The percentage of fault could be contested in court.

Accidents Caused By Aggressive Driving

Aggressive driving played a role in 56% of fatal accidents from 2007-2009 according to National Highway Safety Transportation Administration data. Speeding is the number one cause of fatal accidents related to aggressive driving. Aggressive driving accidents also cause whiplash, pelvic or wrist fractures, facial injuries, and damage to vehicles. It is possible to recover damages from aggressive driving accidents, including:

• Medical bills including rehab and hospital stays
• Lost wages during recovery and future wages
• Loss of life enjoyment
• Pain and suffering
• Property damage
• Emotional distress

If you or a loved one have been injured in an aggressive driving accident, call Charleston car accident attorney Julian Allen at (843) 882-5005 today for help!