Brad Pistotnik Law
Abogado El Toro

Who is Liable for Aggressive Driving?

How can a Kansas personal injury lawyer help when dealing with an aggressive driver? Aggressive driving is both a criminal offense and a civil violation. In addition to facing criminal penalties, the perpetrator can also face a civil lawsuit for the impact their actions have on a victim. The law considers speeding, swerving, cutting motorists off, etc. as intentional actions. When the amount of evidence shows that a motorist's actions had a subsequent negative effect on the victim, the jury can award both compensatory and punitive damages. In civil cases involving aggressive driving, the plaintiff and their Kansas personal injury lawyer are not required to prove beyond a reasonable doubt that the defendant is guilty. It must merely be demonstrated that the evidence shows they are more than 50% likely to be guilty.

AAA estimates that 56% of fatal accidents involve some form of aggressive driving. This is not surprising given the fact that AAA research also shows that 80% of motorists engage in aggressive driving behaviors including speeding, following too closely, swerving, cutting motorists off, etc.

An aggressive driver can be held liable for their actions on the road. This means a plaintiff can pursue damages for the personal injuries, property damage, emotional distress, etc. that the defendant caused. For example, if the defendant purposely swerved into the victim's vehicle, they are liable for a willful act of assault and battery.

In cases where the defendant committed aggressive driving behaviors while working, such as a delivery driver, truck driver, etc., their employer may also be held liable in a civil lawsuit. Employer's bear vicarious liability for the actions of their employees in both common law and civil law states. Sometimes known as the master-servant rule, or respondeat-superior, establishing vicarious liability requires demonstrating an employer-employee relationship exists. However, this does not apply if the individual is an independent contractor. In such cases, the independent contractor bears the sole liability.

In situations where the perpetrator was driving a car borrowed from a friend, family member, etc., the individual who loaned the vehicle may also be liable under the doctrine of negligent entrustment. For instance, if the individual who loaned the vehicle knew the perpetrator had a history of aggressive driving and still lent their vehicle to the defendant, then they become liable. A Kansas personal injury lawyer can hold a minor child's parents liable for the aggressive driving actions of their minor children while driving a car purchased or loaned to them by their parents.

Brad Pistotnik is a Kansas personal injury lawyer who represents victims of aggressive driving in Topeka, Overland Park, Olathe, Salina, Pittsburg, and other cities in Kansas, Nebraska, and Illinois. We help individuals who have been injured or survivors of those killed by aggressive drivers pursue compensation for their injuries and wrongful deaths.

We are Brad Pistotnik Law. ® We are Abogado El Toro. ® Hire the real Brad. ® Call in the Bull. ® We are the Bull Attorneys! ™ Call us at 1-800-241-BRAD or call us on our local line at 316-684-4400. You can call Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. You can call from Western Kansas at 620-THE-BULL. Our main office location is at 10111 E. 21st St. N., Suite 204, Wichita Kansas 67206.