Partner at Charbonnet Law Firm LLC

Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury

A driver gets angry in traffic and starts tailgating, blocking another car, or trying to force their way past. If that behavior leads to a crash or puts someone in danger, the incident can become a legal matter.

Louisiana law can treat these actions differently depending on what the driver did. Some incidents may involve traffic violations, while threats, assaults, or injuries can bring criminal or civil claims into the picture.

This guide covers how Louisiana handles road rage and aggressive driving, the consequences a driver may face, and what victims can do after an incident.

What Is Road Rage and Aggressive Driving?

Road rage and aggressive driving are related but different behaviors. Road rage usually involves intentional actions caused by anger behind the wheel.

Examples may include:

  • Threatening another driver.
  • Following or chasing another vehicle.
  • Intentionally hitting another vehicle.
  • Physical confrontation after a traffic incident.

Aggressive driving usually involves unsafe driving behavior that puts others at risk, such as:

  • Speeding
  • Tailgating
  • Unsafe lane changes
  • Ignoring traffic signals
  • Failing to yield

When a driver threatens or attacks someone, the incident may lead to criminal charges. If someone is injured, it may also lead to a civil claim.

Is Road Rage a Criminal Offense in Louisiana?

Louisiana does not have a separate criminal charge called “road rage.” Instead, a driver’s actions may lead to charges such as reckless operation, assault, battery, or property damage.

Under Louisiana Revised Statute 14:99, reckless operation means driving a vehicle in a criminally negligent or reckless manner.

For a first conviction, the penalties can include:

  • A fine of up to $200
  • Up to 90 days in jail
  • Both a fine and jail time

For a second or later conviction, the penalties can include a fine of $25 to $500, 10 days to six months in jail, or both.

If a driver seriously injures or kills someone, more serious criminal charges may apply. The charge will depend on the conduct and the harm caused.

Victims in Road Rage Incidents

Common Injuries From Road Rage Accidents

A road rage crash can leave victims with injuries that need treatment long after the accident.

These may include:

  • Head injuries: Concussions and other injuries caused by hitting the head.
  • Neck and back injuries: Whiplash, muscle damage, or injuries to the spine.
  • Broken bones: Fractures caused by the force of the collision.
  • Internal injuries: Damage to organs or internal bleeding that may not be obvious right away.
  • Cuts and lacerations: Wounds caused by broken glass or parts of the vehicle.
  • Emotional trauma: Anxiety, distress, or fear of driving after the crash.

Recovery can also mean time away from work, ongoing medical care, and changes to everyday activities.

What Can Police Do About Road Rage?

If a driver threatens you, drives dangerously, or causes a crash, you can report the incident to the police. Officers can investigate what happened and take action if they find evidence of a traffic violation or crime.

Depending on the incident, police may:

  • Stop the driver and check their identity.
  • Issue a traffic citation.
  • Write a report about the incident.
  • Investigate threats, assaults, or a collision.
  • Arrest the driver if there are legal grounds to do so.

Police may use witness accounts, dashcam or traffic camera footage, photos, and evidence from the crash scene to understand what happened.

If another driver is acting aggressively, avoid arguing or confronting them. Move to a safe place if you can, then contact law enforcement.

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Rights of Victims in Road Rage Incidents

If the incident injures you, you may have two separate legal options. A criminal case can address the driver’s unlawful behavior. A personal injury claim can help you seek payment for the harm you suffered.

Depending on your injuries and losses, you may seek compensation for:

Louisiana’s comparative fault rules may also affect your claim. For example, if your damages total $100,000 and you are found 20% at fault, your recovery would be reduced to $80,000.

A New Orleans car accident attorney can help gather evidence, document your losses, and explain your options for pursuing a claim.

Civil vs. Criminal Legal Action

What Should You Do After a Road Rage Incident?

If another driver is threatening you, get somewhere safe instead of engaging. Call 911 if anyone is hurt or in immediate danger. Once you’re safe, report what happened to the police. Note the other vehicle’s details, take photos if it’s safe, and get witness contact information.

Get medical care for any injuries, even if they seem minor. Keep your photos, medical records, and police report in case you need them for an insurance or injury claim.

Frequently Asked Questions

What are the legal consequences of road rage?

The consequences depend on what happened. Road rage may lead to traffic violations, criminal charges, fines, jail time, and civil liability for injuries or damages.

Is road rage a criminal offense in Louisiana?

Louisiana does not have a separate road rage charge, but aggressive or violent actions may result in charges such as reckless operation, assault, or battery.

What can police do about road rage?

Police can investigate the incident, document evidence, issue citations, and make arrests if the driver’s actions violate criminal laws.

Can a victim of road rage sue the other driver?

Yes. A victim may be able to file a civil claim for medical expenses, lost wages, property damage, and other losses caused by the incident.

What evidence helps prove a road rage claim?

Police reports, witness statements, dashcam footage, photos, videos, and medical records can help show what happened and the injuries caused.

Protect Your Rights After an Accident

Road rage and aggressive driving can have serious physical, emotional, and financial consequences.

If another driver’s actions caused your injuries, understanding your legal options can help you decide the next steps. Gathering evidence, reporting the incident, and getting medical care can all strengthen your claim.

Charbonnet Law Firm helps injured drivers understand their rights after serious accidents and road rage incidents. Contact the firm for a free consultation to discuss your situation and available options.

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.

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