It is more than likely you will come into contact with road rage if you drive a motor vehicle in Ontario. In a previous article published by Gosai Law, we reviewed some defensive driving techniques that we recommend should you encounter aggressive drivers: What To Do When Confronted By Road Rage.

If you are an injured victim of road rage, it can be frightening to figure out what to do and how to proceed. Here is what you need to know.

There are two main types of claims people file when injured in an accident:

1. Accident Benefits Claims
2. Tort Claim

Accident Benefits are benefits provided by the injured person’s own insurance company and can cover things like medical expenses, income replacement, and other expenses. These benefits are available regardless of who is at fault for the accident.

On the other hand, Tort Claims are legal actions brought against the at-fault party to recover damages, such as pain and suffering, loss of income, and other losses. Tort claims require proof of fault or negligence on the part of the at-fault party and the compensation is typically higher than Accident Benefits.

Road rage can affect more than just drivers too. For example:

• passengers in the vehicles involved;
• pedestrians;
• bicyclists;
• motorcyclists;
• private property, and more.

Civil And Criminal Liability in Ontario

In Ontario, road rage can result in civil and criminal liability for those involved. If a person engages in aggressive driving behaviour, such as tailgating, cutting off other drivers, or deliberately hitting another car, they may be criminally liable for any resulting damage or injuries.

In addition to criminal charges, road rage incidents can also result in civil liability. If a driver causes property damage or injury to another person as a result of road rage, they may be sued for damages. In such cases, the driver may be required to pay compensation to the injured party, which could include medical expenses, lost wages, and pain and suffering.

What To Do If You’re a Victim of Road Rage

Like any accident when you’re injured, the first step is to call 9-1-1. If you are not critically injured, take the time to get pictures of the scene, damage to vehicles involved and other drivers’ information. If possible, check for possible eyewitnesses and collect their names and contact information as their statements may be valuable in supporting your claim. If it applies to your situation, see if you are able to obtain dashboard camera footage as well.

It is also crucial to report a road rage incident to the police. The police will file an accident report and investigate the incident more thoroughly, which will be essential in any subsequent personal injury claim. The police can also help to ensure your safety and prevent any further harm from occurring. Where a tort claim is concerned, evidence will be a significant component to the case and could change the outcome of your settlement considerably.

Following the accident, it is essential to keep a record of any medical treatment you receive and any expenses you incur as a result of your injuries.

If you have been involved in a road rage incident, it is advisable to seek legal advice from a personal injury lawyer who can help you to understand your rights and find the best result for you. Contact Gosai Law at (905) 595-2225 and info@gosailaw.com.