When another driver tailgates you, slams on the brakes in front of you, or swerves at you in anger, the crash that follows is more complicated than an ordinary collision.
Road rage, meaning aggressive driving aimed at another motorist out of anger, usually breaks specific traffic laws, so an injured driver can generally bring a civil claim against the person responsible.
Whether that driver’s insurance will pay for a crash caused on purpose is one of the first questions a Kansas City road rage car accident lawyer looks at.
At Wendt Law Firm, we represent people hurt in car accidents, and our practice includes insurance litigation for when an insurer refuses to pay. Call (816) 531-4415 or contact us for a free consultation about what happened.
Neither Missouri nor Kansas has a traffic offense called “road rage,” but the behavior behind it breaks existing rules. Under Section 304.012 of the Missouri Revised Statutes, every driver must drive carefully and prudently and exercise the highest degree of care, a stricter standard than the ordinary care most people are held to. Violating it is a class B misdemeanor, or a class A misdemeanor when an accident is involved.
Tailgating also breaks a separate rule in both states against following another vehicle more closely than is reasonable and prudent, and in Missouri, brake-checking or swerving to intimidate another driver falls short of the highest degree of care. For an injured driver, a broken traffic law can help show the other driver was negligent, meaning that driver failed to use the care the law required.
The driver who acted aggressively is generally the one legally responsible for the injuries that followed.
Fault can also be shared when both drivers lost their tempers. Missouri reduces an injured person’s award by that person’s own share of fault, while Kansas bars recovery when that share equals or exceeds the other driver’s. When the other driver’s insurer claims you share the blame, we push back with evidence of who escalated first.
Auto liability insurance exists to pay for accidents, and many policies exclude harm the policyholder causes on purpose. Courts applying Missouri law have enforced those intentional-act exclusions, so when a road rage driver meant to cause the crash, that driver’s insurer may refuse to pay.
A denial on those grounds does not end the claim. Section 379.203 of the Missouri Revised Statutes requires every Missouri auto policy to include uninsured motorist coverage, which pays your own losses when the other driver has no insurance, and the Missouri Court of Appeals has allowed an injured person to turn to that coverage when an intentional-act exclusion left the at-fault driver uninsured. The terms of your own policy control how that coverage applies.
A few steps taken soon after the crash protect both your health and the evidence a claim depends on:
Speaking with a lawyer before giving a recorded statement to the other driver’s insurer can also keep an incomplete early account from being used against the claim.
The deadline depends on which state the crash happened in and whether the claim is framed as negligence or as a deliberate attack.
Negligence (careless or reckless driving).
Missouri: 5 years, Section 516.120. Kansas: 2 years, Section 60-513
Assault or battery (a deliberate attack).
Missouri: 2 years, Section 516.140. Kansas: 1 year, Section 60-514
In both states, the clock generally starts once the injury is sustained and reasonably discoverable. We confirm which deadline applies to your crash at the first consultation.
A crash caused by someone else’s anger can leave you hurt, shaken, and unsure whether anyone’s insurance will pay.
Wendt Law Firm can review the police report and both drivers’ coverage, then explain where your claim stands under Missouri and Kansas law. Our case results include a $10.3 million motor vehicle accident case.
Call (816) 531-4415 or contact us today for a free consultation with a Kansas City road rage car accident lawyer and a clear plan for what comes next.
