Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving is a factor in more than 50% of all fatal crashes nationwide. In Louisiana, the problem is particularly alarming. A recent report from the Louisiana Highway Safety Commission shows that incidents involving road rage and reckless driving have increased by over 20% in the last five years.
New Orleans is not immune to this trend. Whether it’s a frustrated commuter swerving through lanes or a confrontation that escalates into violence, road rage puts countless drivers, passengers, and pedestrians at risk every day.
This blog explores road rage and aggressive driving under Louisiana law, what victims can do if they’re harmed in such an incident, and how Charbonnet Law Firm can help protect their rights and pursue justice.
Road rage and aggressive driving are often used interchangeably. However, they have distinct meanings in the legal and safety worlds.
Road rage refers to criminal behaviors caused by anger behind the wheel. This can include yelling threats, making obscene gestures, deliberately hitting another vehicle, or even physical assault. Road rage is an emotional, often violent reaction.
Aggressive driving, while not always criminal, involves traffic violations that endanger others. This includes speeding, tailgating, weaving through traffic, ignoring signals, or refusing to yield. It’s usually a pattern of unsafe driving that escalates risk on the road.
Both behaviors are dangerous. However, road rage often results in more severe consequences, both for the victim and the driver involved.
Aggressive driving and road rage are not just risky;Louisiana law prohibits these behaviors. Under Louisiana Revised Statute 14:99, reckless operation of a vehicle is defined as driving in a way that demonstrates “criminal negligence” or “a disregard for the safety of persons or property.” This includes behavior associated with road rage or persistent aggressive driving.
Penalties for reckless driving include:
When road rage leads to injury or death, charges may escalate to more serious offenses:
The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.
Police and prosecutors in New Orleans often pursue criminal charges in these cases. They mainly do so when violence or serious injury occurs.
You have rights under both civil and criminal law in Louisiana if you were injured in an accident involving road rage or aggressive driving.
In civil court, you can pursue compensation for:
Louisiana uses a comparative negligence system. If the court determines you were partly responsible for the incident, your compensation is reduced by the percentage of blame assigned to you. For example, if you’re awarded $100,000 but found 20% at fault, your award becomes $80,000.
Additionally, you may be entitled to restitution as part of a criminal case. You can also file a civil suit even if criminal charges aren’t filed.
Victims of crime in Louisiana have the right to be treated with fairness, dignity, and respect.
An experienced New Orleans car accident attorney can help you gather evidence, file your claim on time (within Louisiana’s one-year statute of limitations), and protect your rights throughout the legal process.
Knowing what to do immediately after a road rage incident or crash can protect your health and your case. Here are some practical steps you can take to protect yourself and your legal claim:
Aggressive driving crashes can cause serious harm in seconds. Learning about the most common injuries can help you understand what’s at stake and why medical and legal action matters.
Some victims struggle for months (or even years) with the emotional aftermath of these incidents. Therapy, lost income, and medical bills can all add up quickly, making legal representation essential for a full recovery.
To help understand your options, here’s a comparison between the criminal and civil justice routes:
| Type of Legal Action | Who Initiates the Case | Purpose | Possible Outcomes |
| Criminal Case | Prosecutor (State of Louisiana) | To punish the offender for violating the law | Jail, probation, fines |
| Civil Case | You, the victim | To recover financial compensation for harm | Payment for medical bills, pain, and damages |
Note that a criminal conviction does not guarantee compensation. Filing a personal injury claim is often necessary to recover costs related to your injuries.
Aggressive driving involves traffic offenses like speeding and unsafe lane changes. Road rage includes intentional, angry, and often violent actions such as chasing or threatening another driver.
Yes. In addition to any criminal charges you may be facing, you may be able to bring a civil case if someone’s road rage caused you harm or trauma.
Police reports, traffic camera footage, witness testimony, medical records, and photographs of the damage or scene are all examples of proper evidence.
It depends. Some insurance companies may deny claims involving intentional acts. That’s why having a lawyer review your policy and fight for your claim is essential.
You generally have one year from the date of the incident to file a personal injury claim in Louisiana. Missing this deadline can prevent you from seeking compensation.
Road rage and aggressive driving are serious threats on the streets of New Orleans. The consequences can be physical, emotional, and financial. Whether you’ve been sideswiped by an aggressive driver or injured in a violent encounter, you don’t have to face the aftermath alone.
Understanding your rights under Louisiana law and acting quickly can significantly improve your chances of recovering compensation that may be available. Legal support helps you gather evidence, understand fault, calculate damages, and hold the right parties accountable.
At Charbonnet Law Firm, we’re committed to guiding victims through every step of this process. If you’ve been hurt in a road rage incident or aggressive driving crash, we offer a free consultation to review your case and discuss your options.
Let us help you get the justice you deserve—with clarity, care, and experience.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
