Personal Injury Law

Injured in a Road Rage Accident? A Road Rage Lawyer Can Help

November 26, 2024
Nital S. Gosai
B.A. Hons, L.L.B., Founding Partner

Road rage accidents can have serious consequences for the victims, causing physical injuries and emotional stress. In most instances, the financial toll these accidents take affect entire families. If road rage caused your injuries, you may be entitled to compensation for lost wages, medical expenses not covered through The Ontario Health Insurance Plan (OHIP) and damages for pain and suffering. As an experienced personal injury lawyer, I’m here to guide you through the litigation process ensuring you receive the justice you deserve.

What Is Road Rage?

Road rage refers to aggressive or violent behaviour by a driver stemming from anger or frustration on the road. It can include actions such as tailgating, cutting off other vehicles, verbal insults, gestures, or even physical assaults. In Ontario, a driver engaging in these behaviours may be found negligent if their actions directly cause an accident.

Your Rights as a Road Rage Victim

If you’ve been injured in an accident caused by road rage, you have the right to seek compensation through a personal injury claim. This may be eligible to get coverage for the following:

  1. Medical Costs: These are usually covered initially by Ontario’s no-fault insurance system (Statutory Accident Benefits Schedule, or SABS), regardless of fault. However, victims can sue the at-fault driver for additional expenses beyond what SABS covers.
  2. Rehabilitation: Long-term rehabilitation may exceed the no-fault benefits, in which case you can claim these costs from the at-fault driver.
  3. Lost Wages: Income replacement benefits are available through no-fault insurance, but these have limits (e.g., up to 70% of your gross income, capped at $400 per week). Additional lost wages can be claimed from the at-fault party.
  4. Pain and Suffering: Damages for the emotional distress and physical pain caused by the accident. To claim for pain and suffering in Ontario, you must meet the threshold test wherein your injuries must be considered “serious and permanent”.
  5. Vehicle Damages: Claims for vehicle repairs are made directly against the at-fault driver’s insurance.

Proving Liability in a Road Rage Case

To successfully pursue a claim, it’s essential to prove that the other driver’s road rage directly caused the accident and your injuries. Evidence such as police reports, eyewitness testimony, dashcam footage, or surveillance videos can play a critical role in strengthening your case. Aggressive driving behaviours may violate Ontario’s Highway Traffic Act or even constitute criminal offenses (e.g., dangerous driving). These violations strengthen your claim against the at-fault party. It’s also crucial to seek medical attention immediately after the accident to document your injuries.

Why You Need a Road Rage Lawyer

Dealing with the aftermath of an accident can be overwhelming, especially when you’re focusing on your recovery. Ontario’s accident benefits system can be complex, and navigating a tort claim (lawsuit) requires evidence of negligence. A lawyer ensures you meet deadlines (e.g., reporting the accident to your insurer within 7 days, and filing a lawsuit within the 2-year limitation period) and helps maximize your compensation.

Take Action Today

Don’t let the reckless actions of an angry driver leave you without recourse. ​​If you’ve been injured in a road rage accident in Ontario, you can pursue compensation beyond the benefits provided by no-fault insurance. Hiring an experienced personal injury lawyer is crucial to navigating these claims and ensuring you receive the full damages you’re entitled to under Ontario law.

Contact our office today for a free consultation, and let’s discuss how we can build a strong case for you.

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