3. Not moving the vehicle if it is movable after an accident or emergency. If youre feeling stressed while driving, the following are some useful tactics that can help keep a level head: Always give yourself plenty of time to arrive at your destination, so you dont feel anxious and hurried on the way. Road rage is often a result of an incident that happened somewhere else and the frustration can influence how you behave while driving. Over seven years, 218 murders and 12,610 injuries were the results of road rage, according to Safe Motorist. Exceeding the posted speed limit; Vital Records Explained. In theory it is simple, but sometimes human nature gets in the way: 1. An aggressive driver has an intent, which could be to harass, injure, take revenge, or damage property, whereas a reckless driver engages in unsafe behavior on the road. If you think someone may be following you, drive to the police. Pensacola, FL 32502 Florida Cases. 6. If the accused intentionally struck your vehicle, physically attacked you, drove you off the road, side-swiped you, or in any way caused damage to your person or property. For drivers who have little patience and short tempers, the worst place to drive is apparently Florida. Avoid all provocations, including rude gestures, rude uses of the horn or lights, or making direct eye contact with other drivers. contact@jlgtampabay.com. When does road rage turn into a criminal offense? Note, the charges may escalate if the accused has prior records. Do not provoke an aggressive driver and report to the police the moment you feel uncomfortable. William Joseph Hale and Frank Gilliard Allison were both taken into custody on Saturday evening and charged with one count each of attempted second-degree murder, court records reviewed by Law&Crime show.. Nassau County Sheriff Bill Leeper on Monday described . A recent road rage incident in Florida resulted in damage to one vehicle, but not in a manner that you might expect. 50%of drivers who are on the receiving end of aggressive behavior respond with aggressive behavior back. Aggressive driving is defined as driving while committing any two of the following offenses: 1. The judge will award damages based on each party's contribution. Contact an experienced St. Petersburg personal injury attorney at Jones Law Group today. ANOTHER RESIDENT ARRESTED IN DELRAY BEACH, Nikki Fried Joins Andrew Colton On WIOD, Says Dems Ready To Battle DeSantis, ROADBLOCK: I-95 To Close In Delray Beach, Boca Raton Monday Night, Delray Beach Man Charged With Not Registering As Predator. It may also impact your insurance and license rights. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Drive to a safe place - Head to a police station, convenience store, shopping center, hospital or another public place. The grounds for being charged with vehicular assault are similar to that of reckless/aggressive driving in that the basis is causing injury to someone else while: Some states require that the injury sustained in the assault be serious in order to proceed with a vehicular assault charge. Avoid disturbing the peace or blocking the highway. Next, if you are able to, document everything that you can remember about the moments leading up to the accident. Weve all been there; driving on a multi-lane roadway when traffic ahead slows. Most commonly, its another drivers actions on the road that might send you over the edge and lead to aggressive driving which can evolve to road rage. Destin, FL 32550 Traffic Safety Tips to Prevent Road Rage: Practice safe and courteous driving. Governor touts No. If youre charged for a crime after driving aggressively or with road rage, you could face severe legal consequences. Laws regarding road rage are generally difficult to craft because road rage manifests in many different ways. You may consult with an attorney to decide if there are grounds to take civil action. What law enforcement officers may need, includes the perpetrators physical description, car make, and other identifying information, the date and time of the incident, and the statement. Nearly everyone is susceptible to aggressive driving and road rage, but studies have shown that young male drivers are the most likely to engage in road rage and aggressive driving. Driving on Florida highways can be dangerous. These drivers who failed to maintain emotional control and drive within the law should be liable for the losses of anyone injured in a crash. Florida State Statute 316.081 makes it a noncriminal traffic infraction, punishable as a moving violation for any driver to dawdle in the left lane proceeding at less than the normal speed of traffic and who doesnt get out of the way of approaching vehicles. Suite 526, 6909 Old Highway 441 Suite 108, Office 600. https://brandongaille.com/21-startling-road-rage-facts-and-statistics/ (1) Exceeding the posted speed as defined in s. 322.27 (3) (d)5.b. Be part of the solution, not part of the problem. Keep a good amount of space between you and other vehicles. While road rage itself is not an offense, many behaviors that stem from road rage are unlawful. UPDATE AT 7:01 a.m: Two right lanes are open at I-95 in the area of 79th, huge backups remain. (2) changing lanes improperly or in an unsafe manner. If you are in the left lane, pay extra attention to your rear view mirror; and move over to the right lane if you see a vehicle approaching at a high rate of speed from behind. (6) violating signal devices or traffic controls. Sources: Big Truck Wrecks, Why Are These Cases So Different? Road rage comes in various forms and can involve many different dangerous behaviors. Being angry on the road is not a criminal offense, a criminal offense occurs when you take that extra step. Jones Law Group Allow yourself enough time to get to your destination. Get plenty of rest the night before driving a long distance. They report that Florida has the most road rage incidents, with 147 incidents, occurring between 2014 and 2016. Allow yourself plenty of time to get to your destination. If youre facing these charges. Arrest reports are police accusations. The St. Petersburg, Clearwater and Tampa metropolitan area ranks as some of the most dangerous in the country. Florida law defines road rage, or aggressive driving, as violent or aggressive behavior that stems from a driver's uncontrolled rage due to the actions of another driver. The Umansky Law Firm Criminal Defense & Injury Attorneys, 2420 N. Crystal Lake Dr. #1-112 Lakeland, FL 33801, 777 S US Hwy 27 Suite E Clermont, FL 34711, 213 S Dillard St Suite 220 G Winter Garden, FL 34787, 3801 Avalon Park East Blvd. In many states, if you are the injured party, the burden of proving negligence is on you, meaning it is in your best interest to record or acquire records of the incident. The Many Lines of Defense Against Uninsured Motorists. Incidents of road rage and aggressive driving can lead to serious felony charges that can ruin your life. 2420 N. Crystal Lake Dr. #1-112, 777 S US Hwy 27 Suite E, 213 S Dillard St Suite 220 G, 3801 Avalon Park East Blvd. In 2012, Florida legislature passed a law that makes it illegal to drive more than 10 miles per hour under the speed limit in the left lane if another car is approaching. Remember that everyone on the road is trying to get safely from one place to another. Suite 1006 If you or your loved one has been injured in a road rage accident, contact the attorneys at Brill & Rinaldi to schedule a consultation at one of our convenient Florida locations. Appellate Court Decides Not to Invoke Floridas Dangerous Instrumentality Doctrine, Florida Nursing Home Administrator on Trial After Nine Deaths, Eight People Hurt in Florida Slow-Moving Vehicle Crash, Scarring, amputation of body parts, disfigurement or inability to perform a bodily function; or. The incident took place shortly after 5 p.m. in the area. Perhaps the worst of all is that psychologists tell us that anyone can be susceptible to road rage. [1] Aggressive driving is defined as driving while committing any two of the following offenses: 1. 7275711333 Suffice. Have You Suffered Injuries in a Florida Road Rage Accident. A Florida man was arrested after he allegedly opened fire during a road-rage shooting in June and authorities from Miami-Dade released chilling new dashcam footage of the incident. Note that the facts presented may lead to both road rage and traffic violation charges. A Circle K clerk has been accused of stealing Florida Lottery tickets and splitting the winnings with a friend. Note: Laws may differ specifically for your area. Do not pull up next to another driver- intentionally yelling or making obscene gestures that would potentially cause the other to react violently. Since 2014, There have been 277 cases in Florida, 220 in Texas and 157 in California. Do not challenge aggressive drivers; Finally, dont put yourself in a position to get rear-ended. In Florida, road rage commonly refers to the anger a driver experiences when they experience stress or frustration while driving. Another study reviewed upwards of 10,000 road rage incidents and determined that they caused 218 murders and 12,610 personal injury matters. (850) 424-3236, Miami Sometimes being pressed for time leads to being impatient and stressed, which can result in road rage. If youve ever felt road rage while driving in Florida, remember that it can be hazardous to not only you but also those around you. Our skilled attorneys, paralegals, and support staff provide clients with individualized attention and excellent representation during all stages of a claim. is ready to help. Avoid aggressive driving, including tailgating or lane switching too closely to others. (4) Failing to yield the right-of-way as defined in s. 316.079, s. 316.0815, or s. 316.123. (1) exceeding the speed limit. He remained at the scene of the accident until emergency responders arrived. UPDATE AT 7:01 a.m: Two right lanes are open at I-95 in the area of 79th, huge backups remain. Kim Montes said that although slow drivers in the left lane do encourage people to get more frustrated, speeding is actually more of a hazard than drivers who are going too slowly. Thats why our experienced lawyers are standing by, 24/7/365, to listen to your story, evaluate your claim, and help you decide what to do next. All Rights Reserved. One driver followed the other one home. South Florida Personal Injury Lawyers Blog. Officers might issue citations or even arrest drivers for following too closely, speeding, racing, improper lane changes, failure to yield, and more. 561-576-NEWS. If you or your loved one has been injured in a road rage accident, contact the attorneys at. According to a AAA Foundation study, almost 9 in 10 drivers believe that aggressive drivers are a somewhat or very serious threat to their personal safety. Lyle has been sentenced to five years in prison following his manslaughter conviction for a 2019 road . Listen to traffic updates live every ten minutes on NewsRadio 610 WIOD listen to the live stream above. Road rage is not a traffic offense in the traditional sense because, upon arrest, prosecutors may charge the accused with a criminal offense instead of a traffic violation. HIALEAH, Fla. (WFLA) A man died after an apparent road rage shooting in south Florida on Wednesday, but police say it could be justified under the state's "stand your ground" law.. Using a weapon to inflict harm on another vehicle or driver. The Sanibel Gatehouse is scheduled for maintenance and will be closed. Everyone is on the road, and rushing is not worth causing an accident that could potentially lead to fatal consequences. One way to protect yourself from liability is to install a dashcam. Speeding, honking, or flashing your headlights. If you are driving a vehicle and find yourself engaging in any of the following behaviors, you may be an aggressive driver: If you find yourself driving aggressively, you should immediately take steps to calm down and avoid causing further incidents, or worse yet, an accident, while driving. He kicked and punched the grill of the SUV and police from the Hialeah Police Department were called to the scene. Many drivers admit to engaging in road rage and might even cause intentional injuries. Copyright Michael T. Gibson, P.A., Auto Justice Attorney 2023 All Rights Reserved. For our intellectual property, terms, and conditions, read here. The person intentionally changes lanes in an unsafe manner. It is essentially kept on the books as a method in which statistics may be tracked on accidents involving aggressive driving. Orlando, especially, can be unpredictable with so much ongoing road work combined with the high volume of tourists flocking onto the road. Deliberately swerving toward another driver in your car can be aggravated assault with a deadly weapon, which is also a felony thats punishable by up to 5 years in prison. Contact our office for a free consultation with an experienced Florida personal injury attorney by calling 877-448-8585. In 2013, Florida passed an anti-road rage law. In a recent incident of road rage in Florida, two male drivers became angry with each other while driving. Pensacola, Destin, & Miami, FL Personal Injury Lawyer, Joe Zarzaur, has created this blog in an effort to educate the many citizens and visitors of Florida about their legal rights. If you do not have transportation or you cannot drive, your attorney will travel to meet you and discuss your case with you. Before driving, there are steps that you can take so you and the drivers around you will not be tempted to engage in road rage and aggressive driving behavior. What Happens If the Driver Who Hit You Leaves the Scene of the Accident? What are the Penalties for Road Rage and Aggressive Driving in Florida? If the damage was intentional or the result of negligence, you may take civil action. Failure to obey traffic control devices. (4) failing to yield to the right of way. Two fathers in Florida were arrested following a road rage incident during which each man allegedly shot the other's young daughter. Accept. Road rage, reckless driving, and federal law. To take civil action here is what you must do: Road rage is not a crime. 5622 Central Avenue , St. Petersburg, Florida 33707 Call Zarzaur Law, P.A. We know accidents can be stressful and want to make the process as easy as possible for you. Injury victims can recover compensation for their losses; however, the law requires claimants to abide by strict procedural and substantive laws. Remember, public order crimes refers to all actions that interfere with the normal flow of society. 6. The logical question is how can I keep me and my family as safe as possible on some of the countries most dangerous roads? The key to preventing yourself from aggressive driving or road rage is to be aware of your emotions. I would also like to see a law enacted that increases the penalty for any act of violence (murder, assault, etc) that happens because the perpetrator is having "road rage". The driver of the damaged vehicle made a complaint but did not wish to file a police report. Obviously, there are instances of road rage, such as waiving or discharging a gun which are well beyond the concept which I am discussing. You pull over into the left lane to pass only to meet another driver in the left lane who is driving slower than the speed limit and holding traffic back. If you pretend youre going to hit someone but dont, you can be charged with misdemeanor assault. Youll need to have a professional criminal defense attorney on your side to tell your side of the story before the state presses charges, so you have your best chance of fighting the charges filed against you. The Florida statutes refer to it as "impeding the flow of traffic" but most drivers have another name for it that cannot uttered in polite conversation nor written in this public forum. Improper or dangerous passing; or Some drivers have the feeling that, As long as Im doing the speed limit, I have a right to be in the left lane and anyone who wants to pass me is speeding and needs to slow down. Thats a dangerous attitude to have. Failure to obey traffic control devices. Other drivers in our path are the most common cause of road rage in Florida. 2420 S. Lakemont Avenue Suite 150 Orlando, FL 32814. The motorcyclist drew his handgun and shot at the woman multiple times. Thats something you should never do. While the motorcyclist did not suffer injuries, he followed her to get information. Law enforcement doesn't specifically keep track of road rage cases, but we looked at five years of data from . There are no charges in Florida for road rage per se, but acts of road rage can lead to felony charges of aggravated battery or assault with a deadly weapon. Dont ever get out of your car or approach the other driver. Often it is not the driver that is the target of your rage that was the start of the problem. If youre feeling stressed while driving, the following are some, Play calm or soothing music that relaxes you while youre driving, Keep in mind that youre sharing the road and no ones perfect, Avoid making lengthy eye contact with other drivers on the road, Keep a proper distance between yourself and other vehicles on the road. Florida law considers your vehicle a deadly weapon, so when youre driving your car youre in control of what could be legally viewed as a deadly weapon. Statistics from NHTSA and the Auto Vantage auto club indicate how aggressive driving and road rage are serious problems on the road. Theyll only listen to the complaint and investigate the situation until they have enough proof to press charges against you. I-95 CLOSED, POSSIBLE ROAD RAGE SHOOTING IN MIAMI. An experienced, can investigate your accident and determine the best possible course of action for your case. , as violent or aggressive behavior that stems from a drivers uncontrolled rage due to the actions of another driver. If you injure another person with your vehicle, some states may charge you with vehicular assault which would mean that in addition to being held liable in civil court there is also a chance that you could be charged with a crime. Must Know Facts About Big Truck Accident Cases. Impatience is a natural feeling under many circumstances, especially when a driver runs late and gets stuck behind a car going under the speed limit. Coral Gables, FL 33134 Zimmerman and the man . Some examples of aggressive driving or road rage include the following: Aggressive driving, or road rage, can also result in illegal driving maneuvers as a result of the emotional distress. 5. Under federal law 263.6 Speeding or reckless Driving, quote No person shall drive a motor vehicle on the site at a speed greater than or in a manner other than what is reasonable and prudent for the particular location, given the conditions of traffic, weather, and road surface and having regard to the actual and potential hazards existing.. Road rage offenses, depending on the jurisdiction, include assault, reckless driving, disturbing the peace, and offenses listed under the public order act. The June. Remember, anyone can experience aggressive driving or road rage, but if you fall into the above category, you should take extra caution to keep your emotions and actions in check while on the road. If the driver acts willfully and with reckless disregard for the safety of others, the actions may result in jail or prison time, probation, fines, or in some cases license suspension. Florida has many dangerous roadways, and road rage only exacerbates the likelihood of a serious accident and injuries. So much so that Florida drivers, and more particularly Miami drivers, received the dubious honor of being named the road rage capital of the U.S. for three years in a row. Furthermore, disturbing the peace refers to a wide scope of offenses, including challenging someone to fight in a public setting, shouting profanities at other drivers, shouting in public with the intent to cause violence, and using offensive words in a public setting. How Do I Fight Charges of Road Rage and Aggressive Driving in Florida? A lot of people refer to the left lane as the fast lane but there is actually no such thing as a fast lane. There is however a passing lane and its the far left lane. Driving while intoxicated or under the influence of drugs, Driving while your licence is revoked/suspended. Be sure that you do not sign any documents from an insurance agent or accept any offers of compensation before getting legal advice. George Zimmerman, acquitted by a Florida jury in the shooting death of Trayvon Martin in 2013, suffered minor injuries Monday after being shot at by a motorist, police said. Contact news (at) bocanewsnow.com. It all sounds pretty reasonable, correct? The key to preventing yourself from aggressive driving or road rage is to be aware of your emotions. If successful, the judge may order the accused to pay damages, including punitive damages depending on state law. Where the line blurred is when a driving becomes frustrated and acts in an aggressive and dangerous manner due to the frustration. Boca Raton Police Bomb Squad On Scene Of Suspicious Device, Palmetto Park Rd. The Florida Department of Law Enforcement has released a new mugshot for actor Pablo Lyle. 2022 Medical Records Retention Laws By State, How Long Does a Felony Stay on Your Record, Name and Likeness Licensing Agreement Free Builder. Reducing aggressive driving also reduces preventable car related injuries and deaths. He then passed in the right hand lane and immediately pulled back in front of Ms. Do not provoke another driver who is already driving aggressively. 3. Incidents of road rage and aggressive driving can lead to serious felony charges that can ruin your life. Call 911 and follow the instructions that the dispatcher gives you. Officers also recommend that you turn on your dashcam if you have one. Many times, road rage and aggressive driving is the result of pre-existing frustration and heightened emotions caused by some other event outside of driving. 1 book in the nation. Most states prosecute road rage incidents under reckless driving or aggressive driving statutes. Pensacola: (850) 444-9299 | Destin: (850) 424-3236, The Attorneys and Legal Team at Zarzaur Law, https://brandongaille.com/21-startling-road-rage-facts-and-statistics/, http://www.safemotorist.com/articles/road_rage.aspx. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. They report that Florida has the most road rage incidents, with 147 incidents, occurring between 2014 and 2016. Note, yelling insults or profanities at someone is not a crime in most places. This makes it easier to prove liability, so your attorney can focus on proving your damages. You might drive safely and defensively, but you still cannot control other drivers emotions, reactions, and decisions. Many drivers also become easily frustrated with other drivers if they run late for work or another important engagement. 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