Do I have a case against a road rager?, Suing or File a complaint to the cops.

What is the name of your state?CA

Is it possible to file a lawsuit against a roadrager even though there was no accident? I had someone not let me merge into a one lane street and so the person honked at me and cut around me to pass. The person could have caused an accident. I even had my signal to merge. I followed the person and got down the persons license number and name after a short confrontation. The person claims to have not seen the signal and accused me of causing an accident. Do i have a case? And is it possible to file a report to the cops on the person so I have some information about the driver?

Does anyone have an answer?

[tabathadolley]

It is never a good idea to confront someone after a situation like this. IMO the smartest thing you could have done is let the situation go, and get on with your life. You put yourself at risk by following the guy. It sounds as if you both had road rage, IMO.
I'm no law expert, but what exactly could you sue for? Hurt feelings?

[CdwJava]

Originally Posted by janes_car

What is the name of your state?CA

Is it possible to file a lawsuit against a roadrager even though there was no accident? I had someone not let me merge into a one lane street and so the person honked at me and cut around me to pass. The person could have caused an accident. I even had my signal to merge. I followed the person and got down the persons license number and name after a short confrontation. The person claims to have not seen the signal and accused me of causing an accident. Do i have a case? And is it possible to file a report to the cops on the person so I have some information about the driver?

Does anyone have an answer?

If you can articulate their bad driving a little better you MIGHT be able to articulate an infraction for unlawful passing, but that would result in a citation only.

You can file a report, but there is no guarantee that they will do anything at all about it.

Now ... if you never talked to this person, how do you know they accused you of causing an accident? What accident?

Ultimately, this doesn't sound worth the trouble so that the guy can MAYBE get a point on his DMV record and pay a couple hundred bucks ... that is if he doesn't claim some bad driving by you as well.

- Carl

[ksigatmsu7f02]

I may be completely wrong on this and I hope someone will correct me if I am. Isn't it true that the person who is merging into another lane, as it seems in this case this driver was, never has the right of way? Which would mean this driver was initially in the wrong. Maybe the other driver felt like you were cutting him off or not being polite and trying to cut in line. I don't think you could file any lawsuit as there was no wrong done against you. Like CdwJava said you might could file a complaint but in my opinion it would go nowhere at all.

[CdwJava]

Originally Posted by ksigatmsu7f02

I may be completely wrong on this and I hope someone will correct me if I am. Isn't it true that the person who is merging into another lane, as it seems in this case this driver was, never has the right of way? Which would mean this driver was initially in the wrong.

You are correct - the merger must yield.

It sounds like the Poster was doing the merging and the other fellow did not let him in. Unfortunately for Poster, it is the person attempting to take the lane that must yield or modify their driving for the person already in possession of the lane and not the other way around.

- Carl

[I AM ALWAYS LIABLE]

Originally Posted by CdwJava

You are correct - the merger must yield.

It sounds like the Poster was doing the merging and the other fellow did not let him in. Unfortunately for Poster, it is the person attempting to take the lane that must yield or modify their driving for the person already in possession of the lane and not the other way around.

- Carl

My response:

Yeah, but Carl . . . .

Surely, the person in control of the lane was "rude" to our writer, and I know for a fact you can sue someone for being rude, and just plain ornery. I think she should sue him for every penny he's got. It's just not right what happened. That's what I think.

IAAL

[CdwJava]

Originally Posted by I AM ALWAYS LIABLE

My response:

Yeah, but Carl . . . .

Surely, the person in control of the lane was "rude" to our writer, and I know for a fact you can sue someone for being rude, and just plain ornery. I think she should sue him for every penny he's got. It's just not right what happened. That's what I think.

IAAL

Ah! Isn't that the rudeness theorem? And if memory serves, isn't it $10,000 per finger-flip that they directed at the offended party?

- Carl

[Sam111]

Ah! Isn't that the rudeness theorem? And if memory serves, isn't it $10,000 per finger-flip that they directed at the offended party?

I'd drive around all day for a living and retire in a year. Good deal!

[I AM ALWAYS LIABLE]

Originally Posted by CdwJava

Ah! Isn't that the rudeness theorem? And if memory serves, isn't it $10,000 per finger-flip that they directed at the offended party?

- Carl

My response:

Yeah, now that you mention it, I do recall that from law school. That's the ticket!

IAAL

[ksigatmsu7f02]

Looks like I'll be broke....what if the finger flying was involuntary....dang spasms in the arm....surely my lawyer can counter sue for me..lol...for causing spasms in my arm

[tryingtoplease]

Originally Posted by ksigatmsu7f02

Looks like I'll be broke....what if the finger flying was involuntary....dang spasms in the arm....surely my lawyer can counter sue for me..lol...for causing spasms in my arm

I'd be going after your employer if I was you. Chances are the spasms are a result of employment and you should be eligible for workers comp.

[ksigatmsu7f02]

WARNING I will keep this as clean as possible so youll have to look into it to understand it so don't read it if your offended.


I could sue my ex.....for making me use my hand and arm too much now.