Did you know that 78% of U.S. drivers reported having engaged in at least one aggressive driving behavior at least once in the past year? Such incidents may be treated as more than a typical car accident, where intentional crashes can lead to both criminal charges and civil liability. Victims are left with serious physical injuries and other damages.

With thousands of road rage incidents happening nationwide each year, what do you do if someone intentionally hit you with their car?

Depending on the circumstances, the injured person may be able to pursue compensation for their losses. They can also be awarded punitive damages to punish intentional misconduct.

How does intentional vehicle collision quickly turn a traffic dispute into a serious criminal and civil matter? What are their consequences for victims and drivers alike? Let’s find out!

Criminal Charges: What the State Can Pursue

The driver who uses a vehicle to intentionally hit a pedestrian will face different criminal charges according to the local laws and the extent of the victim’s injuries and the proof of the driver’s purpose. The legal system considers a vehicle used in this manner to be a dangerous weapon, which results in more serious criminal charges.

The police commonly bring charges that include assault with a deadly weapon and aggravated assault and attempted murder when the prosecution can prove the defendant’s intention to kill and vehicular assault under laws that prohibit using a vehicle to inflict bodily harm.

Prosecutors in road rage cases that result in injuries to victims will bring charges for simple assault or battery when the evidence shows that the lesser charges are appropriate. The criminal justice system operates separately from any civil lawsuits that exist.

The prosecutor works for the state instead of representing the interests of the crime victim. A victim who wants to ensure their own financial recovery cannot rely on the criminal case to deliver it. The criminal restitution process, which exists in some cases, fails to provide complete reimbursement for damages. To receive total compensation, a plaintiff must pursue a distinct civil lawsuit.

Civil Battery: The Intentional Tort Claim

The use of a vehicle with intentional purpose to hit another person constitutes battery according to civil law. Civil battery requires proof of criminal intent at a higher standard than reasonable doubt. In a civil court, the plaintiff must show that the defendant caused harmful contact by providing evidence that meets the required standard of proof.

The lower threshold establishes an important precedent for cases that become hard to prove through criminal evidence or for cases where defendants achieve not guilty verdicts in criminal trials.

Civil battery claims exist independently from criminal proceedings because they can continue regardless of the outcome of criminal proceedings. A civil judgment can still be issued against a defendant who receives a not-guilty verdict in criminal court. The legal system establishes different requirements for proving cases in criminal cases and civil cases.

As an intentional tort, civil battery allows plaintiffs to claim both punitive and compensatory damages. Most negligence lawsuits do not allow plaintiffs to collect punitive damages. The system exists to punish defendants who engage in malicious behavior or commit extreme offenses while discouraging future violations.

States without damage caps or states with damage caps that do not apply to intentional acts permit punitive damages to exceed actual compensatory amounts. Florida and other states allow unlimited punitive damages when defendants demonstrate specific intent to cause harm.

Compensatory Damages Available to the Victim

A civil claim arising from an intentional vehicle strike can pursue the full range of damages that would apply in any serious personal injury case:

• Medical expenses include emergency care, hospitalization, surgery, physical therapy, and projected future treatment for permanent injuries.
• Lost wages: Income lost during recovery and reduced earning capacity that results from the injuries that affect work performance at the same level as before the incident.
• Property damage: Repair or replacement value for the vehicle or other property that sustained damage during the strike.
• Pain and suffering: Compensation for the physical pain and emotional distress and psychological trauma that resulted from the deliberate act.
• Punitive damages: Available in addition to the above where the conduct meets the state’s standard for intentional or malicious behavior, which an intentional vehicle strike typically satisfies.

According to Sacramento personal injury lawyer Justin L. Ward, you can also claim compensation for your lost future earning potential if a defendant’s behavior caused a permanent disability that has left you completely unable to work in the future.

The Insurance Problem: Why Coverage May Not Apply

The majority of victims find this aspect of intentional vehicle strikes to be their most unexpected experience. The standard auto insurance policies provide coverage for car accidents.

Insurance definitions designate an accident as an occurrence that describes an unplanned event. The policy’s intentional acts exclusion typically excludes coverage for any acts that the insured performed with purpose.

Insurers use driver behavior assessment to determine whether to provide coverage or deny it. The driver’s liability insurance will not compensate the victim for damages that result from the claim, regardless of its validity. The victim must then pursue recovery directly from the defendant’s limited personal assets.

The situation depends on the victim’s personal insurance policies, which become essential at this point. Uninsured motorist (UM) coverage applies whenever the at-fault driver does not have insurance or their insurance company refuses to provide protection.

The application of UM coverage to intentional acts depends on state laws and policy wording because courts have produced different rulings on this issue. The victim can access medical payments coverage (MedPay) through their own policy because it remains available regardless of the incident’s circumstances.

If someone commits an intentional act while working for a company through using a company vehicle to threaten a competitor, both the employer’s general liability insurance and the vehicle’s commercial auto insurance will become involved.

Evidence That Distinguishes Intentional From Accidental

The legal analysis requires proof of intent, serving as the essential requirement for assessment.

In this case, there are several pieces of evidence that can be used. This may include the statement of the driver at the scene. You can also collect dashcam or surveillance footage. Witness accounts, prior disputes, and social media or other communications showing intent are other evidence you can collect. Police reports document the officer’s determination of intent. This creates a record that can be used to support the civil case.

Evidence should be preserved immediately. Dashcam footages from nearby vehicles and surveillance videos from businesses must be obtained before they are deleted or overwritten.