Injured by a Road Rage Driver in Michigan: What Are Your Options?
What Are Your Options If a Road Rage Driver Injures You in Michigan?
If a reckless or aggressive driver injures you, get to safety, call 911, get medical care, preserve evidence and avoid confronting or chasing the other driver.
After being injured in any type of motor vehicle crash in Michigan, you may be able to make a personal injury protection (PIP) claim. Depending on the insurance coverage, severity of the injury and fault in the crash, you may also be eligible for a third-party claim against the driver who hit you.
Dangerous conduct from another driver should be documented as soon as possible so insurance companies don't minimize the crash or the aggressive driving that caused it. Evidence in these cases can disappear quickly, so it should be collected and preserved fast.
For people injured by an angry, speeding, reckless, distracted, hit-and-run or otherwise aggressive driver, Michigan Legal Center may be able to help. Learn about your injury options after a crash, without focusing on criminal-defense strategy or speeding-ticket penalties.
What Counts as Road Rage or Reckless Driving?
Road rage is not a legal term or type of claim, but a practical label to describe angry, dangerous or reckless driving. For an injury claim, the determining factors are what the driver did, whether that conduct caused the crash, what injuries resulted and what insurance coverage may apply.
Behaviors that could be considered aggressive or unsafe driving may include:
- tailgating
- brake-checking
- unsafe lane changes
- speeding or racing through traffic
- chasing another driver
- threatening gestures or words
- cutting someone off
- driving while distracted by a phone
- leaving the scene after the crash
These are common examples of conduct that may support an injury claim but none of them alone fully prove reckless or aggressive driving.
A traffic ticket for careless or reckless driving or speeding does not automatically determine the outcome of an injury case. Evidence of tailgating, sudden braking, phone use, unsafe passing or dangerous speed may be needed to show fault.
Speeding is not automatically reckless or careless driving, but could support either depending on the circumstances. Michigan speeding laws and the posted speed limit can be evidence, but there is not a specific number of miles per hour above the speed limit that automatically proves reckless or careless driving. The determining factor is whether the speed and conduct contributed to the crash.
Distracted driving is a separate issue, often related to phone use in the car. Michigan distracted driving law restricts holding or using a mobile electronic device while driving. Texting, scrolling or calling while driving may be evidence that the driver was distracted or show that aggressive or unsafe behavior contributed to the crash.
What Should You Do Right After the Crash?
Your first job is safety. Do not confront the aggressive driver, chase the vehicle or put yourself in a worse position to record evidence.
Take these steps if you can do them safely:
- Move to a safe place and turn on hazard lights.
- Call 911 and report injuries, threats, weapons, intoxication, fleeing or dangerous behavior.
- Ask for police and medical help.
- Get medical care, even if symptoms seem manageable at first.
- Photograph vehicle damage, the scene, skid marks, debris, traffic signs and visible injuries.
- Get the other vehicle's plate, make, model, color and direction of travel if you can do so safely.
- Identify witnesses and nearby businesses or homes with cameras.
- Save dashcam, phone, helmet-camera or bike-camera video.
- Keep insurance letters, claim numbers, medical records, discharge papers and repair estimates.
If the driver is threatening you, stay in a locked vehicle or another safe location and wait for police. If you need to report a reckless or unsafe driver while driving, Michigan's distracted driving law allows for emergency use exceptions for contacting 911 or emergency services. Pull over or use hands free options when you can do so safely.
Can Michigan No-Fault Benefits Help After a Road Rage Crash?
Yes, no-fault benefits may help after a crash involving road rage in Michigan, depending on the facts of the case.
Personal Injury Protection (PIP) benefits can help an injured person with medical care and certain losses. This is not the same as filing a claim against the driver who caused the crash.
Under MCL 500.3107, PIP benefits may cover economic losses related to the accident. This can mean allowable expenses, like medical bills, work loss and replacement services, subject to the statute, selected PIP coverage, policy choices, priority rules and other limits.
Determining the responsible no-fault insurer depends on the available policies, the injured person's role in the crash, the vehicles involved, household coverage and other facts.
If an injury was intentionally caused, did not arise out of the use of a motor vehicle as a motor vehicle or falls under another no-fault exclusion, coverage issues may become more complicated.
A Michigan Legal Center attorney can review the crash, the facts of the case, the policy language and other no-fault issues to determine whether road rage affects PIP coverage. For a closer look at medical-bill priority, read Michigan Legal Center's guide to who pays medical bills after a Michigan car accident.
Can You Sue the Road Rage Driver?
Maybe. An injured person may have other claims after a crash, outside of PIP benefits, including a third-party bodily injury claim. This claim would be filed directly against the other driver and would be for additional noneconomic damages.
A third-party claim is only possible if the other driver is provably more at fault than the injured driver and the injuries meet Michigan's legal requirements.
To recover noneconomic losses, an injured driver may seek damages for pain and suffering. Under MCL 500.3135, this generally requires death, serious impairment of body function or permanent serious disfigurement. Whether the threshold is met depends on medical proof, how the injury affects normal life, fault evidence and other facts.
The same type of claim may be filed for economic losses as well if the losses in question were not covered by PIP.
Proving that an at-fault driver was angry can help an injury claim but does not prove the claim alone.
An injured driver's uninsured or underinsured motorist coverage may also matter if the other driver fled the scene or did not have enough or any liability insurance.
That coverage is separate from PIP and depends on whether the policy terms apply.
For more on the injury threshold, see Michigan Legal Center's article on serious impairment of body function in Michigan.
What Evidence Helps Prove Road Rage or Reckless Driving?
An aggressive driver may deny what happened or give a different version of events, so evidence collection and preservation can be very important.
Examples of useful evidence include:
- police report or incident number
- 911 call records
- dashcam, phone, helmet-camera or bike-camera video
- traffic camera or nearby business video
- witness names and phone numbers
- photos of vehicle positions, impact points, damage, skid marks, debris and road conditions
- medical records and discharge instructions
- ambulance or emergency-room records
- insurance letters, claim numbers and adjuster contact information
- text messages, social media posts or threatening messages if they are real, relevant and preserved without editing
Evidence can disappear quickly depending on the circumstances. Businesses may overwrite footage, vehicles may be repaired and witnesses may become hard to find.
Michigan Legal Center's personal injury team can review what evidence should be preserved and who may have it.
What If the Driver Left the Scene?
If the aggressive driver fled, report it immediately and give police every detail you observed. The license plate number, vehicle description, direction of travel, driver description, dashcam footage, witness names and nearby cameras can all be important.
For an injury claim, the faster the evidence is gathered, the better the chance of identifying the driver and preserving insurance options.
Under Michigan law, drivers are required to stop, report the crash to police and provide identification and medical assistance after injury crashes.
Hit-and-run insurance coverage can be policy specific. Uninsured and underinsured motorist or hit-and-run coverage may help if the injured person's policy includes it and the policy terms are satisfied.
For related insurance reading, see Michigan Legal Center's article on Michigan UM/UIM coverage after a crash.
When Should You Call a Michigan Car Accident Attorney?
Call Michigan Legal Center for an attorney specializing in car accidents quickly if the crash involved serious injuries, a fleeing driver, threats, road rage evidence, disputed fault, delayed no-fault benefits, an uninsured driver or an insurance company blaming you.
An attorney can provide important help when:
- the aggressive driver denies what happened
- the police report is incomplete or wrong
- dashcam, business, traffic or 911 evidence needs to be preserved
- your symptoms are worsening
- you are missing work
- the insurer asks for a recorded statement
- a release or settlement offer arrives early
- you are unsure which insurer should handle PIP benefits
Michigan Legal Center can review the police report, medical records, insurance policies, no-fault claim, third-party injury claim, hit-and-run issues and evidence before the claim is framed against you.
If you were injured by a road rage or reckless driver, contact Michigan Legal Center for a free consultation.