Road Rage Incidents: When Aggressive Driving Causes Injury

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A road rage injury differs from an ordinary crash in what the other driver intended. Georgia makes aggressive driving a crime defined by that intent, its punitive damages statute removes the cap where there was a specific intent to cause harm, and its uninsured motorist statute can come into play if the other driver’s insurer denies coverage.

A Crime Defined by Intent

“A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, 40-6-390, or 40-6-390.1 with such intent” (OCGA 40-6-397(a)). Among the listed sections are the rules for staying within a single lane and changing lanes only when it can be done safely (OCGA 40-6-48), for not following another vehicle more closely than is reasonable and prudent (OCGA 40-6-49), for turning and for signaling before turning, changing lanes, stopping, or suddenly slowing (OCGA 40-6-123), and for a motorcycle’s use of its lane (OCGA 40-6-312). The offense is defined by the driving and the intent; its text does not require a collision.

When Intent Changes the Damages

In a tort action that does not arise from product liability, punitive damages are capped at $250,000, but the cap does not apply against an active tort-feasor found to have acted with the specific intent to cause harm (OCGA 51-12-5.1(f), (g)). The aggressive-driving statute is satisfied by an intent to annoy, harass, or obstruct as well as an intent to injure, so proof of aggressive driving and a finding of specific intent to cause harm are not the same finding.

The Criminal Case and the Civil Case

A plea in the criminal case can matter in the civil one. A plea of nolo contendere may not be used against the defendant in any other court or proceeding as an admission of guilt or for any other purpose (OCGA 17-7-95(c)). In Holt v. Grinnell, 212 Ga. App. 520 (1994), the Court of Appeals applied that rule to bar a nolo contendere plea from the punitive damages phase, while allowing evidence of a guilty plea.

When the Other Driver’s Insurer Denies Coverage

A vehicle counts as uninsured when liability insurance exists but the insurer has legally denied coverage under its policy (OCGA 33-7-11(b)(1)(D)(iii)). The word “legally” carries weight. In Travelers Home & Marine Insurance Co. v. Castellanos, 297 Ga. 174 (2015), the Supreme Court of Georgia held that an insured claiming on that basis bears the burden of showing that the denial “was legally sustainable”; there, the denial rested on the at-fault driver’s failure to cooperate in the defense. Quoting Smith v. Commercial Union Assurance Co., 246 Ga. 50 (1980), the Court described uninsured motorist statutes as remedial and to be broadly construed, and it noted that the injured person is “a stranger to the relationship between the tortfeasor and its insurer” and “will likely be compelled to resort to discovery from the insurer.”

Frequently Asked Questions

Is aggressive driving a felony?
No. A person convicted of aggressive driving is guilty of a misdemeanor of a high and aggravated nature (OCGA 40-6-397(b)).

What if the aggressive driver drove off and cannot be identified?
A vehicle whose owner or operator is unknown is treated as uninsured, but recovery requires actual physical contact with the injured person or the person’s property, unless an eyewitness other than the claimant corroborates the claimant’s account (OCGA 33-7-11(b)(2)).

Can the injured driver’s own conduct reduce the recovery?
Yes. If the injured driver is found partly responsible, the damages are reduced by that percentage, and a driver 50 percent or more responsible recovers nothing (OCGA 51-12-33).

What must be reported if the aggressive driver fled?
To recover under uninsured motorist coverage when the other driver is unknown, the insured or someone acting for the insured must report the accident as OCGA 40-6-273 requires (OCGA 33-7-11(c)), which means immediate notice to the local police inside a city or to the sheriff or state patrol outside one (OCGA 40-6-273).

  • OCGA 40-6-397(a), (b); OCGA 40-6-48; OCGA 40-6-49; OCGA 40-6-123; OCGA 40-6-312
  • OCGA 51-12-5.1(f), (g)
  • OCGA 17-7-95(c); Holt v. Grinnell, 212 Ga. App. 520 (1994)
  • OCGA 33-7-11(b)(1)(D)(iii), (b)(2), (c); OCGA 40-6-273; Travelers Home & Marine Insurance Co. v. Castellanos, 297 Ga. 174 (2015); Smith v. Commercial Union Assurance Co., 246 Ga. 50 (1980) (as quoted in Castellanos)
  • OCGA 51-12-33

Disclaimer

This article provides general information about road rage injury claims under Georgia law. It is not legal advice and does not create an attorney-client relationship. The outcome depends on what the other driver intended, what evidence exists, and the insurance in place. A person injured in a road rage incident should consult a licensed Georgia attorney promptly about the particular situation.

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