Incidents of road rage on California freeways and boulevards have been a growing problem for local drivers for a while now. A confrontation can force you and your family off the roadway or leave you to face hostile drivers who exit their vehicles and threaten your family’s safety.
We must all avoid the actions that might make us targets of a road rage incident. It’s also important that we steer clear of the actions on the road that might trigger us to act out in rage ourselves.
The best way to remain safe from road rage is to stay away from situations that might spark a road rage confrontation. When road rage incidents do occur, California has strong laws to protect the victims of road rage accidents and punish road rage offenders.
Contact a California Road Rage Accident Lawyer
If you or a loved one are hurt in an accident caused by someone’s reckless road rage actions, please speak with a skilled California road rage accident attorney. You need to know about every benefit available to you and your family before a road rage driver’s insurance company tries to tell you otherwise.
Maison Law of California offers a free case evaluation to all accident victims. It’s a no-risk, no-obligation way to find out what your case is worth. If you decide we can help you get the most out of your road rage accident claim, you won’t need any money to pay us. We don’t get paid unless we win your case for you.
California Road Rage
California laws protect people from drivers who engage in road rage behavior. That includes drivers who make angry or threatening gestures. Drivers can also use weapons like their own vehicles or a gun to threaten or harm someone. Drivers engaging in road rage sometimes stop and get out of their vehicles to confront another driver, motorcyclist, bicyclist, or pedestrian.
California is known for crazy stunts by drivers and our state also has its road rage issues. CBS LA reports LAPD recorded 90 reported road rage incidents in June of 2022, the highest number since the department began gathering monthly data. They also documented how between January and June of 2022, there were 459 road rage incidents in Los Angeles, compared to 346 during the same timeframe in 2021.
California Road Rage Laws
Behavior fueled by road rage can lead to a suspension of a driver’s license and in some cases, criminal charges are issued.
Vehicle Code 13210 CVC empowers California courts to remove the license of any road rage offender.
The vehicle code allows for a six-month suspension of anyone violating the safety of others or harming someone on the road. This includes reckless driving convictions and convictions involving a driver who knowingly causes an accident.
For anything beyond a first offense, the court may claim a license for up to a year. One way a driver’s license can be taken away is through the accumulation of points on the violator’s driving record. Once drivers earn enough points in a single year or over three years, offenders are declared a “negligent operator” and can have their driving privileges revoked.
California Road Rage Criminal Penalties
Reckless actions on the road can also involve criminal acts. These and other road rage actions can lead to criminal charges:
Reckless Driving CVC 23103 – Careless driving can reach a criminal level when motorists act with extreme negligence while behind the wheel. Their actions are so dangerous that they almost rise to the level of intentional. On top of the loss of a driver’s license, violations can include fines between $145 and $1,000. Offenders could also be forced to serve between 5 days and 90 days in jail.
Assault – A road rage incident that results in assault charges might involve a suspect who stays in a car or who gets out to physically confront someone else. Simple assault is a misdemeanor that can send a violator to jail for 6 months or result in a fine of $1,000. A charge of Assault with a Deadly Weapon is a much more serious offense. A car is considered a deadly weapon by the courts. A driver could also fire a gun at a road rage victim from the driver’s seat or after getting out to approach another vehicle. According to California Penal Code 245 those charged with assault with a deadly weapon will receive two, three, or four years in a state prison or one year in a county jail, or by a fine not exceeding $10,000, or both a fine and jail time.
Criminal Threats – This is another form of assault. Drivers can be found guilty if they threaten to kill or physically harm someone.
Murder – California Penal Code 189 states that a first-degree murder charge applies to “…murder that is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree.” When drivers drive into other vehicles due to road rage hostility, they are guilty of malice. A car can also be used to intentionally run a pedestrian down. Road rage offenders convicted of first-degree murder could face 25 years to life in prison. Second-degree murder charges can carry a penalty of 15 years to life in state prison.
Avoiding California Road Rage Incidents
The California Driver’s Handbook from the DMV suggests avoiding situations that can trigger road rage in other drivers. Not all of these actions are illegal, but if steering clear of them can avert a dangerous situation, they are worth considering.
Ways to avoid becoming an aggressive driver include:
- Allow plenty of time to reach your destination.
- Do not “cut off” other drivers.
- Do not drive slowly in the left (fast) lane.
- Do not tailgate.
- Do not gesture to other drivers.
- Use your horn for emergencies only.
- Let aggressive drivers pass you.
- Park courteously and don’t take up more than one space.
- Allow merging traffic room to get over when you can.
If you become part of a road rage situation, try to follow these guidelines:
- Once another driver appears mad at you, don’t provoke the driver.
- Don’t look at the other driver.
- Allow them to pass you.
- Stay calm and don’t allow anxiety to force you to make a driving error.
- Contact authorities if things escalate and you fear for your safety.
- If you are stopped by the other driver, don’t get out of your car.
- Don’t go home or to work if the driver follows you. Go to a public place and wait for help to arrive.
Contact a California Road Rage Accident Lawyer
After a road rage driver leaves you or a loved one injured, contact a California car accident lawyer about getting help with your medical bills and your lost time at work.
Martin Gasparian, the founder of Maison Law, offers all California victims a free, no-obligation case consultation. You should know about your rights after an accident before an at-fault driver’s car insurance company tries to deny you compensation.
We are also available to help families who lose precious loved ones to a deadly accident caused by the aggressive actions of another driver. We can file a wrongful death claim on behalf of close relatives to see that they receive the support they need for funeral costs and in replacing the income the deceased can no longer provide.
