
Reckless Conduct and Road Rage
A driver may also be found liable for an accident due to his or her intentional or reckless conduct or for his or her failure to act in accord with a reasonable driver under the same circumstances.
A driver who is reckless is one who operates his vehicle with “willful and wanton disregard” for the rights and well being of others. A driver can be found reckless, for example, if he or she drives in a threatening or harassing manner out of “road rage” and causes an accident.
The concept of “Road Rage” is defined as “an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of another motor vehicle or an assault precipitated by an incident that occurred on a roadway.”
Statistics compiled by NHTSA show that almost 13,000 people had been injured or killed since 1990 in crashes caused by aggressive driving. According to a NHTSA, more than 60 percent of drivers consider unsafe driving by others, including speeding, a major personal threat to themselves and their families.
Texas Law Enforcement Agencies are renewing efforts to identify and penalize aggressive drivers-those who speed, tailgate and engage in other dangerous driving practices.