Holding Aggressive Drivers Accountable After Road Rage Crashes in Bryan, TX
Road rage accidents often cause severe injuries because the at-fault driver acts with deliberate disregard for the safety of others. Unlike a typical fender-bender caused by momentary inattention, road rage collisions frequently involve high speeds, intentional contact, or forced lane departures that lead to catastrophic outcomes. If you were hurt in a road rage crash in Bryan, TX, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Scott Scherr at The Payne Law Group represents seriously injured clients throughout Brazos County, bringing board-certified trial expertise and over 30 years of courtroom experience to every case. Contact Scott Scherr, a Bryan, TX personal injury attorney at The Payne Law Group to discuss your legal options during a free consultation.
Why Choose Scott Scherr at The Payne Law Group
Road rage cases present unique challenges that demand both aggressive advocacy and a thorough understanding of Texas negligence and criminal law. Insurance companies often deny road rage claims by classifying the at-fault driver’s behavior as intentional rather than negligent, which can complicate the recovery process.
Scott Scherr at The Payne Law Group brings the credentials and resources to handle these complex claims:
- Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a credential held by less than 2 percent of Texas attorneys
- Over 30 years of experience in state and federal courts
- Proven track record of multi-million dollar jury verdicts and settlements
- Contingency fee representation, meaning no attorney fees unless your case results in a recovery
- Free consultations available 24/7/365, with service in English and Spanish
Choosing a board-certified trial attorney signals to insurance companies and opposing counsel that your case is being handled by someone fully prepared to go to trial if a fair settlement cannot be reached.
What Qualifies as Road Rage Under Texas Law?
Texas does not have a single statute that defines “road rage” as a standalone criminal offense. Instead, road rage behaviors fall under several existing criminal and traffic laws depending on the severity of the conduct. Common road rage actions include:
- Tailgating
- Cutting off other vehicles
- Brake-checking
- Running drivers off the road
- Using a vehicle as a weapon
When road rage escalates beyond aggressive driving, the responsible driver may face criminal charges for reckless driving under Texas Transportation Code Section 545.401. The statute defines reckless driving as operating a vehicle in willful or wanton disregard for the safety of persons or property.
More extreme conduct, such as intentionally striking another vehicle or threatening a driver with a weapon, can lead to charges for assault or deadly conduct under the Texas Penal Code. These criminal charges exist independently from any civil personal injury claim you may pursue, and a civil claim does not require a criminal conviction to succeed.
What Compensation Can You Recover After a Road Rage Accident?
Victims of road rage crashes in Bryan and College Station may recover both economic and non-economic damages through a civil lawsuit. Economic damages cover quantifiable losses such as medical expenses, rehabilitation costs, lost wages, and diminished earning capacity. Non-economic damages compensate for pain and suffering, emotional distress, and reduced quality of life.
In cases where the at-fault driver acted with malice, gross negligence, or fraud, Texas law may also allow the recovery of exemplary (punitive) damages. These damages serve to punish particularly egregious behavior and deter similar conduct in the future. However, most auto insurance policies exclude coverage for intentional acts, which means recovering full damages from an aggressive driver often requires pursuing a direct personal injury lawsuit rather than relying on an insurance claim alone.
Road rage collisions can result in traumatic brain injuries, spinal cord damage, and other life-altering harm. If a road rage accident results in the death of a loved one, surviving family members may have grounds for a wrongful death claim to seek compensation for funeral expenses, loss of companionship, and lost financial support.
How Does Texas Assign Fault in Road Rage Cases?
Texas follows a modified comparative negligence system known as proportionate responsibility. Under this framework, you can recover damages as long as your share of fault is not greater than 50 percent. If your share of responsibility is greater than 50 percent, Texas law bars you from any recovery.
Your compensation is also reduced by your percentage of fault. For example, if a jury awards $200,000 in damages but determines you were 20 percent responsible for the incident, your recovery would be reduced to $160,000. In road rage cases, the aggressive driver typically bears the clear majority of fault. However, insurance companies frequently try to shift blame onto the victim by arguing that the victim provoked the encounter or failed to take reasonable evasive action.
Having a board-certified trial attorney review the evidence early in your case helps preserve critical proof and counter these tactics before they can undermine your claim.
What to Expect When Filing a Road Rage Accident Claim
Building a strong road rage case begins with gathering evidence as soon as possible after the accident. Dashcam footage, witness statements, police reports, and the at-fault driver’s criminal record all strengthen a civil claim. Scott Scherr at The Payne Law Group conducts thorough investigations to piece together the full picture of what happened and establish the aggressive driver’s liability.
After the initial investigation, your attorney will calculate the full extent of your damages and file a claim or lawsuit on your behalf. Many road rage cases involve parallel criminal proceedings against the aggressive driver, and the outcome of a criminal case can provide valuable supporting evidence for your civil claim. Texas law generally requires that you file a personal injury lawsuit within two years of the accident, so acting quickly is essential to preserving your rights.
Throughout the process, your legal team handles negotiations with the insurance company and prepares your case for trial if a fair settlement cannot be reached. Crashes caused by reckless and distracted drivers require attorneys who understand both the civil and criminal dimensions of these cases.
Protect Your Rights After a Road Rage Crash in Bryan, TX
If you or a family member was injured by an aggressive driver in Brazos County, Scott Scherr at The Payne Law Group is ready to fight for the full compensation you deserve. Contact Scott Scherr, a Bryan-College Station personal injury attorney for a free consultation. We are available 24/7/365.
Frequently Asked Questions About Road Rage Accidents
Can I sue an aggressive driver even if they were not criminally charged?
Yes. A civil personal injury claim and criminal charges are separate legal proceedings with different standards of proof. You can pursue compensation for your injuries regardless of whether the other driver faces criminal prosecution. Criminal cases require proof beyond a reasonable doubt, while civil claims require only a preponderance of the evidence, making it possible to succeed in court even without a criminal conviction.
How long do I have to file a road rage accident lawsuit in Texas?
Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date the cause of action accrues to file a personal injury lawsuit. Missing this deadline typically results in losing your right to seek compensation entirely. Consulting an attorney promptly helps protect your claim and preserve key evidence such as dashcam footage and witness testimony.
What should I do immediately after a road rage incident?
Move to a safe location and call 911 to report the incident. Do not engage with the aggressive driver. Document the scene by photographing vehicle damage, your injuries, and the other driver’s license plate if possible. Seek medical attention even if you feel fine, as some injuries take hours or days to produce symptoms. Then contact an attorney to discuss your legal options.