ROAD RAGE RESULTS IN TRAGEDY

Road rage can kill. In a tragic incident over the July 4th weekend in Pittsburgh, Pennsylvania, Allegheny County Police reported that 23-year-old officer Charles "Chuckie" Stipetich was followed to his parents' house in Blawnox by 40-year-old Kevin McSwiggen after a road rage incident. Police said McSwiggen confronted Stipetich. In a court document, Allegheny County police say the off-duty officer's father got between McSwiggen and his son, then McSwiggen pushed the officer's father to the ground. Police say McSwiggen then shot the off-duty officer. Stipetich had recently graduated from the Police Academy; before entering the academy, he was in the U.S. Marines. 

On June 30, 2022, Jason Daxon, a 25-year-old Grammy nominated songwriter and Georgia resident, was shot multiple times at an intersection in Acworth, Georgia.  A father and fiance, doctors say it will take months for Daxon to recover from his injuries.  The shooter, a 61-year-old man, fired more than a dozen shots when Daxon attempted to pass him on the highway.

ROAD RAGE STATISTICS

Last year was the worst on record for road rage shootings in the United States, according to data released by Everytown for Gun Safety, which found that more than 500 people were shot and wounded or killed in more than 700 incidents. The monthly average of 44 people killed or wounded by gunfire on the roads was double the 2019 average.

AAA estimates nearly eight out of 10 drivers demonstrate aggressive driving behaviors when driving. The most common types of road rage are tailgating, yelling or honking at another vehicle, and are a factor in more than half of all fatal crashes. Road rage incidents caused 218 murders and 12,610 injuries over a seven-year period. Road rage and aggressive driving are caused by numerous factors, including traffic, running late, disregard for others and the law and as a learned behavior.

AGGRESSIVE DRIVING

Aggressive driving is not road rage. According to the NHTSA, aggressive driving is when “an individual commits a combination of moving traffic offenses so as to endanger other persons or property.” Road rage is aggressive driving accompanied by violent behavior. The National Highway Transportation Safety Administration (NHTSA) defines “road rage” as “angry and violent behaviors at the extreme of the aggressive driving continuum.” Shockingly, about half of all road rage incidents involve a firearm. About two-thirds of all traffic fatalities can be blamed squarely on aggressive driving.  

Not surprisingly, then, Georgia lawmakers have taken steps to identify and provide punishment for aggressive driving. Under Georgia law, aggressive driving is a serious traffic offense. The penalty for driving aggressively in Georgia is explained in O.C.G.A. 40-6-397 (2010):

40-6-397. Aggressive driving; penalty 

(a) A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, or 40-6-390 with such intent.

(b) Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature.

Following too closely, impeding traffic, or driving recklessly are examples of behaviors performed by motorists who are guilty of aggressive driving.  In other words, the lawmakers in Georgia recognize that using a motor vehicle to threaten or intimidate another human being is very serious and totally unacceptable. This crime is punishable by a heavy fine ($5,000) and/or up to twelve-months in jail; it is as serious as a DUI would be.

RECOVERY FOR ROAD RAGE

In addition to seeking criminal penalties for violations of Georgia’s aggressive driving law, victims of road rage incidents can seek recovery for bodily injury and property damages. Most Georgia auto insurance policies cover injuries and damages from road rage. Drivers who are guilty of breaking Georgia’s aggressive driving law can be held liable; they may be required by law to pay for bodily injury and property damages in addition to being convicted of a misdemeanor and any sentence(s) that crime might entail. Punitive damages can also be recovered.  

HOW TO AVOID ROAD RAGE

As a driver, you can take steps to avoid road rage. Don’t drive when you are already upset or agitated. Make your vehicle environment as comfortable as possible—a good temperature, not too chaotic or noisy, and don’t argue with passengers. When confronted with irritating driving, try to react calmly and give the other driver some courtesy; we’ve all experienced bad days that can cause bad driving. Reappraise the offending driving by giving the driver the benefit of the doubt: what if he/she was rushing to the hospital? Do not retaliate and engage the other driver; get away from the offending behavior as quickly as is safe. Call 911 if the other driver follows you or the situation appears to be escalating.  

When either the potential perpetrator or victim of road rage, maintaining calm and not retaliating are key behaviors to avoiding the sometimes deadly consequences of road rage.

SEEK EXPERT ADVICE

If you have been the victim of a road rage incident and have suffered bodily injury and/or property damages, contact a personal injury attorney about your right to compensation. Contact Dave Thomas at The Thomas Law Firm for a free consultation.