Road rage crashes are different. They don’t follow the usual script, and they don’t end with an insurance adjuster cutting a check and moving on. When aggression causes harm, Georgia law takes a harder line. So should you.
When Aggression Crosses the Line
Georgia law calls it what it is: aggressive driving. Under O.C.G.A. § 40-6-397, any driver who tailgates, blocks, flashes lights, swerves, brake-checks, or otherwise acts with the intent to annoy, intimidate, or hurt someone else is breaking the law.
In the event that they cause a crash, or even help cause it, the civil case focuses on intentional conduct or reckless disregard. That opens the door for a different kind of lawsuit, one where punitive damages are in play.
Who Is Liable and What Are the Consequences?
Standard accident claims deal with negligence. Someone wasn’t paying attention. But with road rage, it’s often worse than that. They’re deliberate choices made in the heat of anger. That shift changes everything.
Juries can award punitive damages if there’s willful disregard for safety. It’s a legal way of saying: this goes beyond bad driving.
Insurance might try to duck out. Some policies won’t cover intentional acts, which means victims may need to go after the driver’s personal assets. That changes strategy fast.
And if the aggressive driver was on the job or using a company car, the employer might be on the hook too. Georgia law allows for vicarious liability when someone’s working in the scope of their employment. Companies don’t get a free pass when their employees act like bullies behind the wheel.
What Victims Need to Do Differently
You can’t treat a road rage crash like a fender-bender. It takes more firepower, more documentation, and more strategy. Start with evidence. Dashcam footage is gold in these cases. So are eyewitnesses who saw what happened before the crash. If there’s a 911 call, get it. Aggression doesn’t always leave a mark on the car, but it shows up in how the event unfolded.
If you were threatened, followed, or shouted at, document it. Emotional abuse or fear can play a role in damages. Don’t let anyone minimize what happened just because you weren’t physically assaulted.
Make sure the police report reflects the aggression. Officers might miss the context unless it’s spelled out. Be clear. Don’t just say “the guy was mad.” Say: “He chased me down the highway, tailgated me for five miles, and swerved toward my car.” These words matter.
Expect resistance. Insurance companies will push back hard when punitive damages are on the line. They’ll argue it was just a mistake. They’ll pretend road rage is hard to prove. That’s why the facts matter, and why it’s critical to build a case early before evidence disappears and memories fade.
You Don’t Have to Take It
Road rage is violence, and it doesn’t belong on Georgia’s roads. If someone’s rage put you in the hospital, wrecked your car, or left you scared to drive again, they don’t get to walk away with a slap on the wrist. You’re entitled to real justice, and it starts by taking the right legal action.
Robin Frazer Clark, P.C. fights for people who’ve been hurt by reckless, aggressive drivers. If you’ve been the victim of road rage, call (404) 873-3700. Let’s make it right, and make sure it doesn’t happen to anyone else.