Despite all we know about it from the media and other sources, there are still some misconceptions, false information, and wrong interpretations of what road rage is and how it is dealt with. Subscribe to stay in the loop & on the road! Incidents are always shown on the news, in the papers, and online. It seems like every time you turn on the news, there is another incident of aggressive driving or so-called road rage in North Texas. When your vehicle needs professional body repairs, bring it to the experts at Fix Auto. But it was one of dozens of similar incidents across the country over the past year amid an explosion of shootings and killings attributed to rage on the road. The prevalence of such violence, not just in Texas but around the country, suggests a cultural commonality, an extreme example of deteriorating behavior that has also flared on airplanes and in stores. Fix Auto USA is a network of over 150 independently owned and operated body shops providing vehicle owners quality and safe repairs in a timely manner. Drive safely, be courteous to other drivers, and dont drive when angry or upset. All these actions fall under aggressive driving, but not road rage. It was a cut-off type deal, he said. Aggressive driving, on one hand, will usually result in a misdemeanor ticket, you will pay a fine and perhaps get a couple of points on your license. Anger is an essential emotion. Here's What to Do, Forms of Emotional and Verbal Abuse You May Be Overlooking, 18 Signs That You're Dealing with a Passive-Aggressive Person, Why Anger Is Nothing More Than Repressed Anxiety, 8 Strategies to Work Through Anger and Resentment. The crime of vehicular assault often accompanies other traffic offenses. Franchise Opportunities In Texas, the term road rage is used broadly by police to describe aggressive driving, speeding, cutting off drivers and tailgating. Change lanes or gradually slow down to create distance between the two of you. Anger has a corrosive effect it is a fight against present-moment reality,a refusal to accept what is. If another driver is following you, lock your doors and drive to the nearest police station. Tailgating extremely close, or even going as far as nudging the bumper of another motor vehicle. @jdavidgoodman, A version of this article appears in print on, Angry Drivers, Lots of Guns: An Explosion in Road Rage Shootings, https://www.nytimes.com/2022/04/12/us/road-rage-shootings-guns-texas.html. Incidences noted to be increasing since 1990 according to the Texas DPS reports, albeit the statistics only point to actual collisions and do not take aggressive driving behavior that did not result in an accident into account. In extreme cases, you might experience road rage. Aggressive driving may occur when someone commits one or more moving traffic offenses that endanger others, specifically other road users. (It is, but more on that in a moment.) She holds both an M.A. As with most incidents, charges and punishment ranges are dependent on the severity of the . Blaming others may work in the short-termbut it is powerfully disempowering. More Helpful Articles by Thiessen Law Firm: Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas. The police in Dallas have been compiling a running report on road rage episodes, with data on the time and place of each reported incident as well as whether it involved a gun. If alcohol or drugs are involved, the penalties are higher. More than 500 people in the U.S. were killed or wounded in road-rage shootings in 2021, the "worst year on record" for gun violence on streets and . A new measure, enacted last year, allows most Texans to carry a handgun in public without a license. If a law enforcement officer catches you engaging in road rage, you can be charged with a criminal offense. Need a Houston, TX Road Rage Accident Lawyer? Any issue that makes a parent feel like lashing out may have roots in their own early years. The bullets missed the trucks driver, Paul Castro, but one just one struck his teenage son, David, who sat in the passenger seat. Last month, a woman driving with her dog shot and wounded another motorist in Oklahoma City. Spengler splits her time between the French Basque Country and Northern California. These offenses can all result in receiving a traffic ticket, but they do not constitute road rage. there have been 445 violent offenses motivated by road . The data showed an increase in such incidents in 2021 compared with the previous two years, according to Alberto Gutier, the director of the Arizona Governors Office of Highway Safety. This can result in jail time, fines, and in a worst-case scenario, it can result in being convicted of a felony. This is simply because the driver engaging in said road rage is doing so with the intent to cause harm to others. You can do so by: Be the bigger person. How Lawyers Negotiate Settlements and How Long it Takes, Inappropriate physical or facial gestures, Passing other drivers on the right side of a vehicle. Traffic offenses can be dangerous and stressful for the victims, but acts of personal aggression are even more frightening. A driver may be worried about work, financial, or relationship problems. Aggressive driving is essentially reckless driving with demonstrative intent. Home Blog Is Road Rage a Criminal Offense in Texas? Aggressive driving occurs when someone commits one or more moving traffic offenses that endangers other drivers or their property. Researcher Deborah Lupton (1999) noted some drivers experience a "cyborg effect," feeling half-machine, half-human, and the car is a more powerful extension of the self. It can lead to behaviors that provoke other motorists or cause them to worry about their safety. This was not a road rage incident this was a grown man who took the life of a child because his feelings got hurt., The police eventually made an arrest in the case, charging Gerald Wayne Williams, 35, with murder. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. . Anthony Smith, LMHC, has 22 years of experience that includes the roles of therapist, juvenile court evaluator, professor, and counseling supervisor. Others limit the term to rage that causes a driver to act aggressively toward another driver. These could include evidence such as toxicology reports, excessive speed, or a poor driving record. During this call we will: Call us at (817) 203-2220 or contact us online. When one is pathologically angry due to chronic dissociation or repression of appropriate anger, then almost anything can evoke irritability. Its happenstance. Clearly, there is more to the dynamics of road rage than bad attitude. The rear window shattered. An impatient driver waiting in heavy traffic can easily get frustrated. This type of aggression is against the law in Texas, and a person can be convicted of a misdemeanor or a felony and sent to jail or prison for many years. , road rage is not the same thing as aggressive driving. These offenses can include speeding, tailgating, suddenly changing lanes without warning, cutting off other drivers, and failure to yield the right of way. And he kept chasing us, Mr. Castro said. Even a first offense can lead to a fine of up to $2,000, a jail term of 180 days with three days mandatory, and loss of driving privileges for up to a year. If youre upset, take time to calm down before getting behind the wheel. British Journal of Psychology, 93: 407-423. doi:10.1348/000712602760146521. Aggressive driving can result in misdemeanor traffic tickets. The problem with road rage, and a major reason for the lack of understanding about it, is the laws vary from state to state. They looked at anything from tailgating, cutting people off, speeding, aggressive gestures/verbal comments, and running lights all the way to cell phone usage. After the early 2000s, though, it seems road rage has, despite no lack of incidents, become an increasingly muted interest. Tailgating, defined in Texas as one vehicle following too closely behind another. Please call or complete the form below and we will respond back as soon as possible. Reckless driving, for example, is a misdemeanor, while murder would be a first-degree felony punishable by up to life in prison. Call Thiessen Law Firm at 713-864-9000 or fill out our online contact form to schedule a free consultation today. Shoots a firearm from a motor vehicle at a house, building or motor vehicle and causes serious bodily injury to the victim. Examples include speeding, tailgating, running red lights, and weaving in and out of traffic. 5 min read. The story that its telling is a definite and really worrying increase in incidents of road rage involving a gun, said Sarah Burd-Sharps, the senior director of research at Everytown for Gun Safety. Disney, however, did a great job of capturing a more realistic perception: Goofy, an otherwise even-keeled family man (dog), becomes annoyed by other drivers on his way to work. If you or a loved one is facing charges stemming from a Texas road rage incident, you need a skilled attorney by your side. Note that the offense becomes a first-degree felony when the offender: For these felonies, a conviction carries up to 99 years in prison and a fine of up to $10,000. It assumes that drivers who commit this probably have other moving violations as well. Instead, it usually results from a series of stressors, some of which have nothing to do with driving. He has a track record of seeking justice and finding it, even in the most sensitive cases. All rights reserved. Tailgating and speeding do not save much time and are not worth the risk of accident or injury. Road rage, on the other hand, is a criminal offense. Texas does impose penalties for reckless driving behavior, assault, battery and murder, all of which can have origins in road rage. As mentioned, there is no specific offense that mentions road rage in Texas. and ability to reason and make decisions. If you were involved in a car or truck crash because of either partys reckless driving, you need to get the best truck accident lawyer in Houston that you can find, especially if sparks were flying. If you find yourself on the receiving end of road rage, do not retaliate. Mark Thiessen, founder of Thiessen Law Firm, is an eight-time Super Lawyer and triple board-certified criminal defense lawyer. Anathema to his otherwise good nature, Goofy's aggressive demeanor mounts until he becomes impulsively assaultive on the road. Do the Relationship Secrets That You Keep Ever Get to You? I was pulled over not far from home. Endangering People On a Highway | Road Rage | Thiessen Law Firm Being Teen Driver Safety Week, it's a good time to resurrect the topic. Examples of how differences in how road rage is viewed by different States. But some can rise to the level of reckless driving and can result in misdemeanor or even felony criminal charges. But they have been perhaps most pronounced on the roads of Texas. Before driving, there are a few steps you can take to ensure you and/or other drivers won't be tempted into road rage. Have you ever had a bad day at work and you couldn't let your boss have it, so you came home and found yourself being nasty to your family? https://doi.org/10.1177/1357034X99005001005, Deshmukh, P., & Patel, D. (2019). Looking for an aggressive or reckless driving expungement? Your auto insurance premiums might even go up. This includes actions such as the following; The defining feature in these types of road rage is that these actions are deliberate and purposeful, and they are done with intent to cause harm or fear to another road user. Not exactly, but expressing road rage can lead to criminal charges that could affect your reputation, career, relationships and even child custody decisions. Road rage is defined as "an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of another motor vehicle or an assault precipitated by an incident that occurred on a roadway." This includes not driving when you are tired or distracted, not using obscene hand gestures, and leaving enough space between you and other drivers. Some more common road rage-related criminal and traffic offenses include: As you can see many road rage-related offenses can take place after an accident or outside of the vehicle. Many people report having been a victim of road rage or know a person in their cycle who is more than an aggressive driver. Texas is rife with road rage incidents, and they come in many forms. By Melissa Chan. You get a point or two on your driving record. Examples include ramming another car, shootings, tailgating with harmful intent, and flashing headlights. Davids 14-year-old brother was also in the car. You cannot be charged with reckless driving or aggressive driving if it was simply a case of negligence. Punishments can range from fines, civil liabilities, and license revocation to a lifetime in prison for charges of murder. In a worst-case scenario, you can be convicted of a felony. On the highway, the Buick started flashing its lights and honking, Mr. Castro said. Some drivers feel emboldened due to the fact that they are unlikely to interact or see another motorist, regardless of their actions. HOUSTON The trouble started with an argument between two drivers merging in slow traffic after an Astros baseball game last summer. You pay your fine. It is best to not engage and be the bigger person, and ensure that you and your passengers reach your destination safely. As with most incidents, charges and punishment ranges are dependent on the severity of the action and incident. Texas doesn't have a law that directly defines how to prosecute road rage, but road rage incidents often involve breaking traffic laws as well as criminal laws. The information on this website is for genenral information purposes only. I was going over lessons with him as we drove, his father said in an interview, recalling a conversation with David before the shooting as they hit heavy traffic after the Astros game downtown. You might feel perfectly fine when you get in the car, but as soon as someone cuts you off in traffic, you become a whole different personand likely not a version that you're proud of. Being an angry person, having ADHD, or low frustration tolerance can prime a rager. They found that events tend to cluster in the afternoon. Well fix it right the first time and put a smile back on your face. Road rage is considered a criminal offense, because the driver engaging in it has the intent to cause harm. Endangering other people on a highway is serious business, but road rage in Texas is not as simple as breaking traffic laws or getting angry on the road. Shouting Making inappropriate gestures Weaving in and out of traffic Driving at a speed significantly over the limit in traffic Tailgating Driving under the influence of drugs or alcohol Distracted driving (i.e. The otherwise well-adjusted driver unleashes because they may feel untouchable in their vehicle. Where one is found, the other may follow. If you find yourself in any of the following situations, it's important to be especially aware of your emotions and reactions, as they can influence how you behave on the road. 1 A Los Angeles couple is set to stand trial for firing into a car during morning rush hour last year, killing a 6-year-old boy on his way to kindergarten. At Thiessen Law Firm, we understand how terrifying it can feel to face these charges, and we arent afraid to take your case to court. Though the terms tend to be used interchangeably, the National Highway Traffic Safety Administration (NHTSA) informs us there is quite a difference. Tailgating dangerously close or actually nudging the bumper of another vehicle, Sudden braking in front of another vehicle, Prolonged sounding of your horn to harass another driver, Getting out of your vehicle with intent to injure another driver, National Highway Traffic Safety Administration. Most of these road rage behaviors are pretty clearly defined, but the terms specific to road rage that more often need defining include reckless and aggressive driving, which center around endangering persons or property on the road. Body & Society, 5(1), 5772. Nothing on this site should be taken as legal advice for any individual case or situation. An aggressive driver may: The biggest difference between aggressive driving and road rage is how the law treats it. Are they: All the above are signs of pending danger for new drivers. Mr. Williams has since been released on bond. But, he added, the state does not track the number of episodes that end up in gunfire. San Antonio was ranked #12 MOST COURTIEST city to drive in (Oregon coming in the #1 slot). Sudden and extreme braking in front of another vehicle without just cause. Nothing on this site should be taken as legal advice for any individual case or situation. Fines can be imposed, and a driving license will be suspended if the driver is convicted of four or more moving traffic violations within a 12-month period, or seven or more moving traffic violations within a 24-month period. In Miami, a man fired 11 shots from his car on Interstate 95 in what he has said was self-defense. 2023 Thiessen Law Firm. Before taking matters into your own hands, you should: By remaining calm and not taking other drivers' actions personally, you can avoid legal repercussions and accidents. On the flip side, know that motorists with poor driving habits invite ragers to target them. National Highway Transportation Safety Administration (2000, 2001). If you feel there is a need to report road rage incidences for public safety reasons, you can call 911 or your local police about erratic and/or dangerous drivers. As more motorists seemed to be pulling out guns last year, the Dallas Police Department began tracking road rage shootings for the first time. Some examples include: Hitting their vehicle with your car. The information on this website is for genenral information purposes only. Preventative measures you can take include: If you've upset another driver, it's important to defuse the situation as soon as possible. Now instead of throwing up the finger, theyre pulling out the gun and shooting., Marie D. De Jess/Houston Chronicle, via Associated Press. If you or someone in your family have been a victim of road rage and were injured by another driver due to road rage or reckless driving, you have legal rights to protect yourself and your family from losses. defines aggressive driving as an instance in which a driver commits multiple traffic offenses that endanger other people or property. *Free Consultations do not apply to Family Law Cases. It is not about winning. There is no specific offense in California called " road rage .". Remain calm, stay positive by saying positive things to yourself, and keep cool. Teo Spengler earned a J.D. Fix Auto USA is a network of over 150 independently owned and operated body shops providing vehicle owners quality and safe repairs in a timely manner. Of course, you should always call the police if you believe you're in imminent danger. Dont lean on your horn no matter how frustrated you may be. Remember the Golden Rule and treat others how you would like to be treated. But having a legal firearm, you still have a responsibility for what you do with that, she added. Remember that driving is not a race or contest. As previously stated, there are no laws mentioning road rage but there are charges that can stem from the behavior. In many ways, anxiety and anger are two sides of the same emotional coin, kindred states of agitated unease.. Stay tuned for next week's post detailing simple actions that can help reduce the chances of being an irritating driver or raging. Gestures and threats are considered more minor expressions of rage, and may not be criminal. But thats it. Youll often need the charges to be dropped in order to prevent any charges from going on your criminal record, which means you will need an aggressive and experienced trial lawyer to fight for you. Do not make eye contact or respond to the other driver. https://doi.org/10.1007/s40474-019-00183-9. According to news reports, after two vehicles sideswiped, one of the drivers exited his vehicle, walked to the other drivers car and swung the weapon multiple times. Quora - A place to share knowledge and better understand the world Why Road Rage Is a Two-Way Street | Psychology Today In fact, over seven years, more than 200 murders and 12,000 injuries were caused by road rage in the united states. Be patient with slow drivers or those who seem to be getting in your way. The examples of aggressive driving are similar to reckless driving with the main difference being the intent behind them. Due to the wide net cast by the term road rage as well as the terms aggressive and reckless driving the penalties for committing a road rage offense vary significantly, from a slap on the wrist and a $200 fine, all the way to life in prison. Get into the mentality that you are sharing the road, and. Our team of former prosecutors and Board Certified Criminal Law Specialists are here to help. Tempers ignited from various acts on the road, resulting in the perception of incompetency or overtly rude drivers. As more motorists seemed to be firing guns last year, the Dallas Police Department began tracking road rage shootings for the first time. Texas Law does, however, consider aggressive driving actions as moving violations and physical attacks to be assault and battery (with or without the vehicle). Call the police if you believe you are in immediate danger, or if the driver is a danger to all the cars around you. criminal threats. a driver who willfully or wantonly drives with a disregard for the safety of other people or their property. Emotional abuse is behavior thats derogating, controlling, punishing, or manipulative. texting and driving) Street racing or drag racing Aggressive driving After letting several cars merge into his lane, Mr. Castro began to pull forward in his pickup. An unlawful attempt to commit a violent injury on another person. The stress leads to aggressive driving, which escalates into road rage as a result of actions taken by another driver. It's hard to turn on the news without hearing about another instance of road rage in America. Benson is a go-to authority in the legal community, known for his ability to explain complex legal concepts with clarity and precision. Note that the offense becomes a first-degree felony when the offender: Uses a deadly weapon in a domestic matter and causes serious bodily injury to the victim. That was the case, he said, in the shooting of Ashanti, who was placed in a medically induced coma. Statistics highlighting road rage and dangerous aggressive driving have resulted in some disturbing news that over 1,500 people are injured or killed by aggressive driving each year according to the AAA Foundation for Traffic Safety. Many people are unaware of the difference between road rage and aggressive driving. Drivers and passengers are shot, run over or beaten with baseball bats. Vehicular assault is a form of assault that involves the use of a vehicle to cause another person harm or threaten him or her with harm. This is simply because the driver engaging in said road rage is doing so with the intent to cause harm to others. You pay your fine. Well fix it right the first time and put a smile back on your face. Pulling over, getting out, and engaging in a physical confrontation. These actions are often triggered by a series of events rather than a single event, sometimes these triggers are nothing concerning driving, but can simply be life, work, or relationship issues that result in rage being projected onto the road, against other drivers. You can pay costly fines. In order to discuss any road rage incident or road rage-related offense, a few key ideas need to be defined. Road-rage shootings see 'worst year on record' in 2021 - NBC News But David did not make it. Like to speed, tailgate, or fail to use signals. But if you engage in acts of road rage, it could lead to a driver's license suspension as well as getting charged with certain related crimes such as: reckless driving, assault, battery, assault with a deadly weapon and. If youre facing the severe consequences of aggressive driving charges or road rage that resulted in an accident, dont wait to hire a Houston car accident lawyer. Texas accounted for a quarter of the fatal shootings last year that were documented in the study, with 33 people killed in road rage shootings in the state, up from 18 in 2019. In the past, people curse one another, throw up the finger and keep moving, said Mayor Sylvester Turner of Houston, left, who appeared with the city's police chief, Troy Finner. Is your impression correct? They can include a fine, jail time, or both. In a worst-case scenario, you may even be convicted as a felon. Doing so can help protect your name and your future. Road rage, which is a criminal offense, is often the result of aggressive driving behavior that escalates into an assault with a vehicle or other dangerous weapon. An aggressive driver may: Ignore stop signs, yield signs, and other traffic signals, Drive illegally on the shoulder or sidewalk, Pass in zones where doing so is prohibited, Take their frustrations out on other drivers, In states that dont have road rage laws, the aggressive and violent behaviors are typically punished under. These rankings were determined by independent research, a company hired by AutoVantage to conduct research from rush-hour commuters in major American cities. No one would drive slowly in the fast lane, and people would be patient with you when you're lost or confused while you're driving. then you can report the incident to your local police with a simple phone call. Dallas Police Department records show 807 road rage incidents in 2022 and 868 . Inciting your passenger (s) to fight the other driver. Neither yielded ground; eventually the two cars were touching. Changing lanes to swerve in front of another vehicle even in the left lane. It seems to be happening around rush hour, in traffic, when people are going home, said Maj. Mark Villarreal, who is helping lead an effort by the police in Dallas this year to crack down on aggressive driving. A Texas . If you have the offenders identifying information (name, license plate, vehicle description, etc.) I read every report that comes across, and every actual specific maneuver that they said led to it is they say they got cut off, the lieutenant said. It was my very first private practice referral that piqued my interest in the phenomenon. That being said, almost all states view it as a crime. The Drivers Seat Road Rage Survey from 2009 found that DFW was the second worst road rage metro area following New York City. The results were alarming: 45 people wounded, 11 killed. It is part of the spectrum that is aggressive driving. Aggressive driving is defined by the National Highway Safety Traffic Administration (NHSTA) as the operation of a motor vehicle in a manner that is likely to endanger persons or property. It often stems from the emotional distress aggressive driving causes, and results in behavior that is dangerous to yourself and others on the road. In the past, people curse one another, throw up the finger and keep moving, Mayor Sylvester Turner of Houston said in an interview. Road rage, on the other hand, is treated differently and is treated as a criminal offense. And he kept chasing us, Paul Castro said. Most times it is impatience that fuels the fires of road rage. How Long After a Car Accident Can You Claim an Injury? While the victim's poor driving is an irritant (who can't empathize with such an encounter? Given that road rage is an emotion triggered or heightened by the driving behavior of others, it is the actions taken by the enraged person during the road rage incident that constitute a crime, not the rage itself. The case drew widespread attention in Texas, as did another in Houston involving a 9-year-old girl, Ashanti Grant, who was shot and seriously wounded in February while riding with her family to a grocery store. Fighting a DWI License Suspension in Texas, Why You Should Never Represent Yourself in Court. Is "Road Rage" a criminal offense in California? 4 ways it can be Vehicular homicide is covered for a death occurring during incidences on the road. This means that you will need to: For all of the time and money that you'll end up losing, road rage is simply not worth it. David Castro was shot in July 2021 during a road rage incident in Houston. The cases pose problems for the police because they almost always occur between strangers, on roadways without cameras. Correlations have been found between road rage and people with Attention Deficit Hyperactivity Disorder.
