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Written by: Benjamin Scott
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We hear too often these days about tragic injuries to innocent people after a road rage accident.

You may wonder how you would show that the other driver was at fault due to their aggressive behavior.

Wells Call Injury Lawyers has prepared this post about the critical components of proving negligence in this context.

If you have additional questions, our car accident attorneys at can assist you today. 

Proving Negligence

When filing your claim against an aggressive driver, you must show that the other driver was negligent.

The four components of negligence are duty, breach of duty, causation, and damages.

You and your attorney will have to establish every element to bring a negligence claim after a road rage accident. 

Duty of Care

The first element in a negligence claim is the duty of care. The other driver in your accident has to meet the standard of care of a reasonable, ordinary driver.

For example, all drivers have a duty of care toward others and must act as responsible drivers. 

Breach of Duty

A breach of the duty of care is when an individual fails to meet the appropriate standard of care. If drivers exhibited signs of road rage, such as tailgating, they probably have breached their duty of care.

Other road rage behavior that breaches the duty of care includes brake checking and cutting off other drivers. 


The other driver involved in the accident also must have been the cause of your injuries.

The usual standard is this: without the breach of duty by the other driver, your injuries would not have occurred.

In a road rage accident, we would say except for the tailgating (or other aggressive action) of the other driver, the accident that resulted in your injuries would not have occurred.


The final element of any negligence claim is damages. You must show some sort of loss from the accident.

Some examples of damages include medical bills, lost wages, and pain and suffering. 

Contact our dedicated lawyers for more details on how to file your claim after a road rage accident. 

What Evidence Do I Need to Collect?

You will need to gather several pieces of evidence to support your claim against the other driver. Evidence of road rage may consist of the following:

  • Police reports,
  • Witness statements, and
  • Photos or videos.

Keep in mind that this is not an exhaustive list of potential evidence. You will also want to keep any copies of medical records as well. 

How Our California Car Accident Attorneys Can Assist You

If you have experienced injuries in a road rage car crash, we are here for you. Reach out to our team at Wells Call Injury Lawyers for information on how to get started filing your claim.

We have recovered over half a billion dollars for our clients since 1984. Our accomplished attorneys are here to assist you in achieving the best results possible. 

Wells Call Injury Lawyers was voted the best law firm in Solano County, and we are ready to fight for you.

Our car crash lawyers can assist you in recovering compensation for medical expenses, pain and suffering, and more.

For a free consultation, call us at 707-302-8029 or complete our online form

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