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Road Rage Drivers, Bicyclists, and Punitive Damages |
Road rage drivers are a danger to all on the road and especially
bicyclists. Recent road rage incidents involving Wisconsin
drivers include a trucker stabbed to death after pulling over to
fight another trucker, and a 68 year old man blocking in a 21
year old’s car and punching the young driver in the face
multiple times after allegedly getting cut off by the driver.
WHAT CAUSES ROAD RAGE?
Psychological conditions of the driver lead to aggressive and
impaired driving. With more cars on the road, violent and
aggressive driving is on the rise.
WHAT IS THE BEST WAY TO DEAL WITH
A ROAD RAGE DRIVER? The Dane County Sheriff’s
Website
cites studies by the NHTSA and AAA on how to avoid problems with
road rage drivers. If you are on a bicycle, it is best to get
far off the road as soon as possible to avoid being killed.
WHAT IS BIKE RAGE?
Similar to road rage, bike rage is aggressive and out of the
ordinary behavior taken by bicyclists or drivers based on
interactions with vehicles or other pedestrians. It may be a
sudden reaction to a near death experience or could be the
result of years of pent up anger from near misses by cars.
According to Dr. Leon James, both bicyclists and drivers
experience tension, anxiety, and anger, when driving or riding
in Urban Areas. Examples include a bicyclist stabbing a driver
with a screwdriver, bicyclist shooting a driver, and a bicyclist
attacking another biker after one suggested the other should get
a bike light. Bike rage or negative interactions between drivers
and cyclists may also be caused by a misunderstanding of the
laws. If a driver or bicyclist misunderstands the law, he or
she may get upset with the other for an alleged violation. This
can lead to arguments over who is right/wrong, and increases the
tension between the two. Some also believe that the anger
between drivers and bicyclists is caused by the recent increase
of bikes on the road. Since cars and drivers have gotten used
to having the roads to themselves, the recent shift and increase
in bikes on the roads makes drivers uncomfortable and they don’t
want to change their behavior.
WHAT LAWS MAY BE INVOLVED IN A
ROAD RAGE CASE? In any case involving
intentional harmful conduct by a driver or bicyclist, there is
always a possibility for criminal charges. These might include
battery, property damage, homicide, and reckless injury. In
addition, a person injured by a road rage driver may have
additional civil legal options including punitive damages.
Punitive damages are generally an award of damages in addition
to all other damages and their purpose is to punish the
defendant by forcing him or her to pay. In Wisconsin, punitive
damages may be awarded if evidence is submitted showing that the
defendant acted maliciously toward the plaintiff or in an
intentional disregard of the rights of the plaintiff. If
injured by a road rage driver, contact an
attorney with experience in road rage
bicycle cases.
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