Legal Guide

What You Should Know About Road Rage

You're driving down the highway, minding your own business, when suddenly another car cuts you off. You jam on the brakes and pound on the horn. The other guy makes an obscene gesture. Now your adrenaline is really flowing. For a second you imagine how good it would fell to smash into his rear end. Road rage! In a moment you cool off, but will you be able to control your temper next time? What follows is some advice to help you resist when the urge to retaliate inappropriately strikes you -- and what you can do instead to punish the dangerous driver.

Q. I've read that road rage is really a media invention. Is it a real problem?

A. Statistics seem to back up all of the attention that road rage is getting in the media. The American Automobile Association says cases of violent driving have risen by seven percent a year in the 1990s. And the problem is twice as bad in the northeast than anywhere else, according to the National Highway Traffic and Safety Administration.

Q. Why is this happening?

A. Experts suggest a number of factors, from increased economic and job related stress to more congested roads. Some even believe sport utility vehicles play a role, because their drivers feel so well protected from the wrath of others. The feeling is that road rage incidents often are triggered by simple discourteous actions, like tailgating or changing lanes without using a turn signal.

Q. What is being done to crack down on these highway bullies?

A. Using federal funds, the State of New Jersey initiated an "Aggressive Driver -- Aggressive Enforcement" campaign in six counties last year, including the Route 1-Route 18 corridor in Mercer, Middlesex, and Monmouth. More than 53,000 summonses were issued for offenses including tailgating, unsafe lane changing, disregarding traffic signs, and inattentive driving. Among those targeted are people who seem to be paying more attention to drinking coffee, reading, or putting on makeup than driving. The effort includes sending unmarked cars on the road to spot overly aggressive drivers.

Q. Is road rage actually a crime?

A. There is no law on the books against road rage, per se. But it would be a mistake to think that this gives you free rein to act out your emotions. It is a disorderly conduct violation in New Jersey to engage in fighting or threatening behavior in a public place. And if your worst impulses get the best of you, you can be charged with either "assault by auto" or "aggravated assault," depending on the extent of the injury. "Assault by auto" carries a fine up to $1000 and on subsequent offenses can mean up to six months in jail. This charge can be levied against drivers in addition to any motor vehicle offenses they might have committed in a particular highway incident.

Q. If someone nearly runs me off the road, doesn't it encourage them to keep on with that behavior if I just shut up and drive away?

A. Well, there is a safe way to send these drivers a message. Instead of using your finger to make a point, you can make more productive use of it by dialing 1-888-SAF-ROAD. (Or from a cell phone, #77.) That is the State Police Aggressive Driver Hotline. Report what you have witnessed and the operator will call a trooper or local police to look for the driver in question. Last year police got more that 15,000 calls on those lines. If they catch the driver who did it, he or she will never know who blew the whistle.

Szaferman, Lakind, Blumstein, & Blader, P.C.
Committed to Excellence