Road Rage Accidents
Michigan Road Rage Accident Claims
Road rage incidents in Michigan have escalated dramatically, with aggressive driving causing serious collisions and deaths on highways and surface streets. When an enraged driver causes an accident through tailgating, brake-checking, or intentional contact, the victims deserve full compensation. Koussan Law pursues maximum recovery against road rage perpetrators and their insurers. Unlike ordinary traffic accidents, road rage cases often involve evidence of intentional conduct that can support enhanced damages and punitive measures.
Types of Road Rage Behavior That Create Liability
Road rage encompasses aggressive tailgating, excessive speeding and weaving between lanes to intimidate other drivers, brake-checking (sudden braking to force a collision), blocking vehicles or preventing safe passage, using a vehicle as a weapon, throwing objects from the vehicle, deliberately forcing another vehicle off the road, and physical violence outside the vehicle. Each of these behaviors, when they cause injury, forms the foundation of a personal injury claim. Evidence of intentional or reckless conduct strengthens the claim and can support requests for punitive damages under Michigan law.
Michigan's No-Fault System and Road Rage Claims
Under Michigan's no-fault insurance system, your Personal Injury Protection (PIP) benefits cover medical expenses, wage loss, and rehabilitation services regardless of the other driver's behavior, based on MCL § 500.3107. This is a critical protection for road rage victims because it ensures immediate access to needed treatment. However, for pain and suffering damages beyond medical expenses, you must meet the "serious impairment of an important body function" threshold defined in MCL § 500.3135. Road rage cases frequently satisfy this threshold because they often result in significant injuries.
Third-Party Liability and Alternative Recovery Sources
If the at-fault driver's insurance denies or limits coverage — particularly if the insurer claims the act was "intentional" and therefore excluded from coverage — Michigan law provides multiple recovery avenues. Your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage under MCL § 500.3172 protects you when the at-fault driver's insurance is unavailable or insufficient. Additionally, the at-fault driver's personal assets can be pursued, particularly when their conduct demonstrates recklessness or intentionality that a jury will view as deserving of heightened accountability.
Criminal vs. Civil Claims in Road Rage Cases
Even if a road rage driver faces criminal charges for reckless driving, assault with a vehicle, or other crimes, a separate civil lawsuit is necessary to recover compensation for your injuries. Criminal proceedings punish the offender but do not compensate the victim. A criminal conviction significantly strengthens the civil claim by establishing culpability and negligence. The three-year statute of limitations under MCL § 600.5805(2) applies to the civil claim regardless of whether criminal proceedings are ongoing, pending, or concluded.
If you were injured in a road rage incident in Michigan, call Koussan Law immediately at (313) 800-0000. You can also use our free case calculator to estimate what your road rage accident claim may be worth. Do not let the other driver's insurance company minimize your injuries — we fight for full compensation.
