Georgia Legal Guide: Is Aggressive Driving Considered Reckless Driving in Georgia? (And How It Affects Your Injury Claim)
Is aggressive driving considered reckless driving in Georgia?
Not exactly. Reckless driving (O.C.G.A. § 40-6-390) is a misdemeanor that involves driving in reckless disregard for the safety of persons or property — it focuses on how dangerously the person drove, not on intent to target a specific person. Aggressive driving (O.C.G.A. § 40-6-397) is a misdemeanor criminal offense that adds an intent to annoy, harass, intimidate, injure, or obstruct another person.
Can I sue an aggressive driver?
Yes. If an aggressive driver caused your crash, you can pursue a personal injury claim for your medical bills, lost wages, pain and suffering, and more. Punitive damages are in egregious cases.
Can aggressive driving increase my settlement?
Maybe. Such driving tends to strengthen liability and may support higher pain-and-suffering and punitive damages, all of which give you more negotiating leverage.
What is the difference between aggressive driving and road rage?
“Road rage” is a common term, not a Georgia statute. The conduct people call road rage, such as chasing, blocking, or threatening another driver, is what the aggressive driving law (O.C.G.A. § 40-6-397) prohibits when done with intent to harass or intimidate.
What evidence proves aggressive driving?
Dashcam and surveillance video, independent eyewitnesses, 911 audio, the police report and any citation, cell phone records, and vehicle (EDR) data.
Can aggressive driving cause a wrongful death claim?
Yes. If intentional, dangerous driving causes a death, the family can bring a wrongful death claim. Georgia also recognizes “serious injury by vehicle” as a felony when serious harm results from reckless driving.
