One person is dead after a road rage incident led to a vehicle accident. The fatal crash occurred on I-75 near Wapakoneta, Ohio, in early October.

Around 5 pm, 24-year-old Bailey Luckett stopped her vehicle in front of a semi-truck in the northbound lanes. She left the vehicle to confront the truck driver, 50-year-old Jesus M. Perez. While both vehicles were stopped, a minivan driven by 44-year-old David Shutt crashed into the back of the semi-truck, partially sliding under the trailer. Shutt died at the scene. Luckett fled, but was later apprehended by an Ohio State trooper. The incident is still under investigation.

Road rage incidents are a risk factor for accidents—but who’s liable when a third party is injured or killed as a result?

Negligence and road rage-related accidents

When a third party is injured in a road rage incident, determining fault can be complex. The aggressor typically bears primary responsibility for injuries caused during the incident. If aggressive driving—or, in the case above, stopping in the road to confront another driver—directly leads to an accident, that driver is often held liable for the resulting injuries.

However, even if a driver wasn’t the initial aggressor, they might still be held responsible if their actions contributed to the incident. Ohio has a comparative negligence law, which allows injured parties to seek compensation from multiple drivers, based on their percentage of fault in the incident.

In some cases, if a road rage incident involves a driver operating a company vehicle or performing job duties, the employer could also be held liable. This concept is called vicarious liability. It means that if an employee was acting within the scope of their employment (such as a truck driver hauling a load), the employer may be required to compensate the injured party for damages.

Insurance coverage in road rage incidents can also be complicated. While auto insurance typically covers accidents caused by negligence, incidents involving intentional acts of harm may not be covered. Most insurance policies exclude intentional acts, which means the aggressor may be personally responsible for damages. This can make it more challenging for injured third parties or their surviving family to receive compensation.

If you’ve been injured in a road rage incident as a third party, seek medical attention immediately—even if your injuries seem minor. Gather as much evidence as possible, including witness statements, police reports and any available video footage. Then call our offices to ensure you get the compensation to which you’re entitled.

Discuss your accident with a Columbus accident injury lawyer

The Law Offices of Tim Misny can help you with your accident claim. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.

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