North Carolina Road Rage Laws

Road rage is a serious issue that endangers the lives of drivers, passengers, and pedestrians. In North Carolina, road rage is not only a dangerous behavior but can also lead to significant legal consequences. While there isn’t a specific "road rage" law in North Carolina, aggressive driving and violent actions stemming from road rage are covered under various traffic laws and criminal statutes. These laws aim to prevent reckless and hostile behavior on the road, protecting all road users from the potential harm caused by aggressive driving.

Here’s what you need to know about North Carolina’s road rage laws and how they impact drivers.

What Is Road Rage?

Road rage refers to aggressive, violent, or intimidating behavior exhibited by drivers due to stress, frustration, or anger while driving. Road rage can include a variety of dangerous actions, such as:

• Tailgating
• Yelling or using offensive gestures
• Cutting off other drivers
• Deliberately blocking another vehicle
• Braking suddenly to retaliate against a driver
• Engaging in physical altercations
• Using a vehicle as a weapon

In many cases, road rage incidents escalate quickly and can result in accidents, property damage, and personal injuries. North Carolina law addresses road rage-related behavior through its aggressive driving and assault statutes, both of which carry severe penalties.

North Carolina Aggressive Driving Law

North Carolina law defines aggressive driving as a combination of traffic violations that demonstrate a disregard for the safety of others. While aggressive driving may not always rise to the level of road rage, it often involves the types of behaviors associated with road rage incidents, such as speeding, weaving in and out of traffic, and tailgating.

• NCGS § 20-141.6 defines aggressive driving as the commission of two or more of the following offenses:
• Running a red light or stop sign
• Following too closely (tailgating)
• Illegally passing another vehicle
• Failing to yield the right-of-way
• Making unsafe lane changes
• Speeding

If convicted of aggressive driving in North Carolina, drivers face the following penalties:

• Class 1 misdemeanor: This is a criminal offense, which can lead to fines, points on your driving record, and possible jail time. Additionally, aggressive driving convictions can result in increased insurance premiums and your driver’s license suspension.

Assault Charges Related to Road Rage

When road rage escalates into physical violence or threats, it can result in assault charges under North Carolina criminal law. Assault related to road rage can occur when a driver uses their vehicle to intimidate or harm another person or engages in a physical altercation with another driver or pedestrian.

There are several levels of assault charges that may apply to road rage incidents, including:

Simple Assault

• NCGS § 14-33: Simple assault is the least severe assault charge and involves intentionally causing or attempting to cause bodily harm to another person without a deadly weapon. This can include physical altercations such as shoving or punching another driver.
• Class 2 misdemeanor: A conviction can result in up to 60 days in jail, fines, and a criminal record.

Assault with a Deadly Weapon

If a driver uses their vehicle as a weapon to threaten or injure another person, they can be charged with assault with a deadly weapon. This charge is more severe and can apply when a driver intentionally rams another vehicle or attempts to run a person off the road.

• NCGS § 14-32: "Any person who assaults another with a deadly weapon with the intent to kill or inflict serious injury can be charged with a felony."
• Class A1 misdemeanor: If no serious injury occurs, but the driver’s actions put another person at risk, they may face a misdemeanor charge.
• Class E felony: If the assault causes serious injury, the charge may be elevated to a felony, carrying significant prison time and fines.

Assault by Pointing a Gun

If a driver threatens another road user with a firearm during a road rage incident, they can be charged with assault by pointing a gun, even if the weapon is not fired.

• NCGS § 14-34: "Any person who intentionally points a firearm at another person, regardless of whether it is loaded, may be charged with this offense."
• Class A1 misdemeanor: This offense can result in fines and up to 150 days in jail.

Hit-and-Run Laws

In road rage incidents that result in accidents, drivers may face additional penalties if they leave the scene of the accident. North Carolina’s hit-and-run safety laws require drivers involved in an accident to stop, exchange information, and assist anyone who is injured. Failing to do so can lead to criminal charges.

• NCGS § 20-166: "The driver of any vehicle involved in a crash resulting in injury, death, or property damage must immediately stop at the scene and remain there until they have provided their information and rendered aid to injured parties."
• Class F felony: If the hit-and-run results in serious injury or death.
• Class 1 misdemeanor: If the hit-and-run results in property damage or minor injuries.

Reckless Driving

Road rage often involves reckless driving, which is defined by North Carolina law as operating a vehicle in a manner that endangers others. Reckless driving includes speeding excessively, weaving through traffic, and intentionally disregarding traffic signals.

• NCGS § 20-140: "Reckless driving is defined as driving a vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others."
• Class 2 misdemeanor: A conviction can lead to fines, license suspension, and up to 60 days in jail.

Penalties for Road Rage Incidents in North Carolina

Drivers involved in road rage incidents can face a wide range of penalties, depending on the severity of their actions and any resulting injuries. Potential consequences include:

• Fines: Aggressive driving, reckless driving, and assault charges can result in significant fines, ranging from hundreds to thousands of dollars.
• Jail time: Depending on the charges, drivers may face time in jail or prison. Misdemeanors can carry jail sentences of up to 150 days, while felonies can lead to years in prison.
• License suspension: Convictions for aggressive driving, reckless driving, or hit-and-run offenses can result in the suspension of your driver’s license.
• Increased insurance premiums: Road rage-related convictions can cause significant increases in auto insurance rates, as insurers view these drivers as high risk.
• Criminal record: Convictions for road rage-related offenses will leave drivers with a criminal record, which can affect employment, housing, and future driving privileges.

Preventing Road Rage

Avoiding road rage is essential for the safety of everyone on the road. Here are some tips to prevent road rage incidents:

• Stay calm: Practice deep breathing or listen to calming music if you feel yourself getting frustrated while driving.
• Avoid confrontations: If another driver is being aggressive, avoid making eye contact, don’t respond with gestures or retaliation, and keep your distance.
• Allow extra time: Plan your trips to avoid being rushed. Running late can increase stress and the likelihood of aggressive driving.
• Don’t engage: If another driver is exhibiting road rage, don’t engage. Let them pass or pull over to a safe location if necessary.

What to Do If You’re a Victim of Road Rage

If you are the victim of road rage, your safety is the top priority. Here’s what to do:

• Stay calm: Avoid escalating the situation. Do not engage with the aggressive driver.
• Create distance: Slow down, change lanes, or take an alternate route to distance yourself from the aggressive driver.
• Call 911: If the aggressive driver is threatening you or putting others in danger, call 911 to report the incident.
• Document the situation: If possible, take note of the other driver’s license plate number, vehicle description, and any other details. This information can help authorities track down the driver if necessary.
• Seek legal help: If the road rage incident results in injury, damage, or other legal issues, consult with an experienced attorney to protect your rights.

How The Law Offices of John M. McCabe Can Help

If you’ve been injured in a road rage incident or are facing charges related to road rage, The Law Offices of John M. McCabe can help. Our experienced personal injury attorneys understand the complexities of road rage cases and can guide you through the legal process. We are committed to protecting your rights and ensuring that responsible parties are held accountable for their actions.

Contact us today for a free consultation to discuss your case and explore your legal options.