Indiana is one of eleven states that specifically targets aggressive driving in an effort to reduce traffic accidents and fatalities. Under Indiana law, aggressive driving is a Class A misdemeanor, which may be punished by up to one year in jail and a $5,000 fine.
A driver may be charged with aggressive driving if he commits three or more of these infractions during a single driving event:
- Following a vehicle too closely
- Operating a vehicle unsafely
- Overtaking another vehicle on the right side by driving off the roadway
- Stopping or slowing a vehicle unsafely
- Sounding the horn unnecessarily
- Failing to yield
- Failing to obey a traffic control device
- Driving at an unsafe speed
- Flashing the vehicle’s headlights repeatedly
Imagine that another driver improperly fails to yield the right of way to you. You are angry. To show your displeasure, you tailgate the other driver, sound your horn excessively, and flash your lights at him. Under Indiana law, you have engaged in aggressive driving—even though the other driver should have yielded to you. A driver may be charged with this offense if aggressive driving is used to harass or intimidate someone in another vehicle.
If aggressive driving occurs in a highway work zone, the driver may be charged with a felony. If a worker is injured by the driver, a Class D felony may be charged. A Class C felony may be charged if a worker is killed in a work zone. A Class D felony may also be charged if the offending driver had a previous motor vehicle operation conviction in the last five years.
If you have been injured by an aggressive driver, you may be able to recover damages. If the driver was convicted of aggressive driving, you have an easier case. The driver’s conviction may be considered negligence per se, which means that the driver is automatically deemed negligent for having violated the law.
If you’ve suffered an injury as a result of someone else’s negligence, Blackburn & Green is here to help. We offer free initial consultations at our office locations or at your home or hospital room. Call (800) 444-1112 or (260) 422-4400 to be connected with one of our 27 convenient office locations across Indiana, or complete our online Contact Form to schedule a consultation.