Road Rage: What Does It Mean?
Although the exact definition of road rage often varies from state to state according to the relevant traffic laws, we can generally say that road rage refers to the knowingly aggressive or angry behavior exhibited by drivers sharing a road or highway when another driver has done something to frustrate or annoy them. The most typical scenario that people think of when they hear the term "road rage" is an angry driver getting out of their car and physically attacking someone, but road rage is a very broad concept that legally encompasses several types of behavior .
Some common types of road rage behavior include:
Road rage behavior can also include more passive aggressive behavior that’s still intentional and aggressive—that is, not accidental or negligent, but deliberate. For example, brake checking your immediate follower is a type of road rage in that it’s done to intentionally annoy or scare that other driver as a form of road retribution.
If a person engages in one of these types of road rage while committing a criminal traffic offense—like speeding, driving under the influence of alcohol or drugs, or reckless driving—the penalties may be steep even if the act doesn’t cause an accident.
Legal Outlook for Road Rage Offenses
If a driver’s actions lead to criminal proceedings, there can be a variety of penalties imposed. According to FindLaw, an example of a serious offense that could come from a road rage incident is a DUI, which can result in fines of up to $10,000 and in some cases jail time or even felony charges with license suspension. In California, where the maximum fine can be $1,000, jail time can vary between 6 months and a year. While this is a more extreme example, other offenses can lead to a range of penalties. Many states have fines for disturbing the peace upwards of $250 and jail time that can reach up to 60 days.
There is a chance that a perpetrator could flee the scene, especially over something as small as someone cutting them off. However, fleeing could result in even bigger penalties. If you cause $250 in damage or more, a judge could require you to pay restitution — or compensation to the other driver — for their damages.
Higher level class misdemeanors could result in between one and five years in prison, as well as possible felony charges. Felony charges are even more severe and could lead to up to 25 years in prison.
State-Specific Distinctions in Road Rage Legislation
As with almost any topic, this one comes with nuances and variations from state to state. For example, consider the following laws:
California
Under California law, driving in a manner that is "willfully and wantonly" reckless, maliciously, or in a manner designed to harass someone is considered road rage. Authorities may cite, arrest, or charge you for such driving. A violation of this law is an infraction and punishes by a minimum fine of $500.
Tennessee
This state defines road rage, known under law as aggressive driving, as driving in an aggressive manner that puts other drivers at risk of injury, or engages in conduct that expresses hatred at other drivers, except when a driver is exercising authority for law enforcement purposes. Violations are charged as misdemeanors. Fines typically range from $50 to $150, and penalties include community service of 20 hours.
New York
New York does not have a road rage specific law. Instead, prosecuted cases of road rage are typically handled as reckless driving. The penalties for reckless driving vary from state-to-state, but fines can be as high as $5,000 and imprisonment time can be up to five years.
As evidenced by these laws, states and cities across the nation are attempting to deter aggressive driving behavior and to provide potential victims with a means to seek justice when such behavior occurs.
Case Studies: Real-World Road Rage
Here are some real world examples of road rage cases that garnered legal attention: In 2004, during a road rage incident in Beverly Hills, California, a man using a digital camera to capture a car crash above was shot and killed. The gunman, Robert Ridgeway, plead not guilty to charges for murder and faced a charge of fatal assault on an innocent victim. The case never went to trial. After Ridgeway’s sentencing hearing, his 16-year old victim’s father told reporters, "He is irredeemable. He is evil. There is no punishment on this Earth that can satisfy the depth of my rage and anger." Prosecutors agreed to a plea deal of second-degree murder and attempted murder; he got 40 years to life in prison.
In June 2010, a woman named Nicole Kibler tweeted a message, just after she got her license back for DUI, saying "Gotta love road rage. But it’s even better when the cop just witnessed it." To punish her for the tone of the tweet, which was perceived as viciously sarcastic , police sent Kibler to crash school for two months. Perhaps more damaging than the court ordered "school" was the tweet, which is now forever immortalized on the internet. She also received negative press coverage and lost her job.
In 2011, a 17-year-old boy started a road rage incident by recklessly cutting off a car on Southbound State Route 138. The driver of the car, fearing for her life, and calling the encounter road rage, called 911. Cops and CHP deputies responded and arrested the juvenile driver who was later sentenced to 4-months in the Indio Juvenile Hall. She may have felt better about the 17-year old getting locked up. However, the cottage industry that has sprung up around road rage has nearly robbed her of the joy of her victory.
The legal definition of road rage, aka aggressive driving, varies from state to state, but includes any intentional, hostile behavior by a driver. Up to half of all fatal car accidents involve crime of passion-like outbursts and the prevalence of crew cab driving DUI’s should indicate the concerns.
Prevention Strategies and Legal Guidance
As both a driver and passenger on the highways and byways, there are things you can do to keep yourself from being part of a road rage incident. For instance: If you are a driver confronted with road rage, whether perpetrated by an aggressive driver or a passenger in the other car, it is best to deal with the situation calmly and come up with a quick solution. If the aggressor is tailgating, let them pass as soon as you can. Do not engage, but use turn signals to indicate that you are willing to work this out. When someone cuts you off, back off. If an aggressive driver is engaging in dangerous behavior, call 911 for help – you are encouraged to turn the license plate number and/or description of the car over to your state police department so they can keep track of the driver. If you have been a victim of road rage and have sustained damages as a result, you should consult with an experienced automobile accident lawyer who can help you recover such damages as lost wages, lost earning capacity, property damage, medical expenses and pain and suffering.
Digital Solutions to Road Rage
Emerging technology is a double-edged sword in the world of road rage law. While on the one hand it can be used to prevent and prosecute road rage incidents, on the other it can be used as a tool for further harassment and stalking. In order to better grasp the role that technology plays in road rage, we need to look at its longstanding history with road rage cases.
There is little doubt that technological advancements in the world of motor vehicle safety have gone a long way towards limiting the scope of road rage events. It is doubtful the criminal actions that brought about the creation of airbags, anti-lock braking systems and three-point seatbelts are something that would be condoned in our times. In today’s technologically-forward world, on the other hand, it has become much easier to track down the perpetrators of road rage than it was in the days before CCTV, dash cams and digital cameras.
The invention of the dashboard camera in the early 1970s allowed for law enforcement and insurance companies to more accurately investigate motor vehicle collisions that may have been caused by acts of road rage. The footage that these little cameras capture also allows some road rage victims to hold the perpetrator accountable for their actions by obtaining video evidence of the incident.
In fact , in many areas of the world, there are municipal laws requiring that drivers equip their vehicles with dash cams. Some municipalities even provide financial incentives to encourage drivers to install these cameras in their vehicles. The reason behind this is simple: dash cams are able to record all audio and video activity taking place in and around the vehicle. In addition to providing eyewitness testimony, digital dash cam footage is also a permanent record of the event captured on tape.
The rise of social media has also given the victims of road rage a platform to quickly report the event to law enforcement. During the rise of the smartphone, drivers began to take pictures and videos of other road users who were abusing the road. This has allowed police to more easily catch perpetrators of aggressive driving.
Emerging technology has also allowed local police departments to create easy-to-use websites where road rage victims can report the event and provide the police with the information necessary to better locate and investigate the event.