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What To Do if You Are a Victim of a Road Rage Crash

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 12, 2026

Read Time: 4 mins

Most experienced and responsible drivers have encountered others who make the roadways more dangerous for everyone because of their actions. Maybe they are tailgating, speeding, making unsafe lane changes, regularly cutting other drivers off, or honking their horn at any car that gets in their way. When you are caught in this type of situation, it can be terrifying. Most drivers do their best to get out of their way. However, it is not always possible to do this, and often the result is a serious accident.

New York and New Jersey are No-Fault States

If you are injured in a road rage crash, note that New York and New Jersey are no-fault states, with minor differences between the two. So, you must first file a claim with your own Personal Injury Protection (PIP) insurance policy. However, if your injuries reach the statutory threshold of “serious,” you can file a claim against the other driver’s policy as well. An experienced car accident lawyer will be adept at handling this often complex process.

What is Road Rage?

In New York, road rage is when a driver gets into a physical altercation with another– or uses their vehicle as a weapon. For example, if another driver gets angry and suddenly and intentionally swerves their vehicle at yours—this is road rage. In contrast, New Jersey law provides a stricter and broader definition. Under Jessica’s Law, it is defined as operating an automobile “recklessly, in knowing disregard of the rights or safety of others, in a manner to endanger, or be likely to endanger, a person or property and causes injury to another person.” It is a third-degree felony and punishable by 3 to 5 years in prison and a fine of up to $15,000.

Steps to Take Following a Road Rage Accident

If you are a victim of a road rage crash, there are several key steps that you should take:

Remain in your vehicle. The other driver has a problem with anger management, so for your safety, you want to maintain a buffer from them.
Call the police and file a report. If you are seriously injured, you may need to communicate with the police at a later date, but it is still a good idea to make the call so they can assess the scene.
If you can safely do so, document the scene with as many details as possible: your injuries, the other driver’s injuries, landmarks, road conditions, traffic conditions, weather conditions, traffic signs nearby, and any residences or businesses in the vicinity of the crash.
If you can safely do so, try to obtain the contact information for any eyewitnesses.
Seek medical attention. Depending on the severity of your injuries, this may be the very first step you need to take. Not only is this what is best for your health, but it is also best for your car accident claim as well. Defendants in car crash cases thrive on pointing out when plaintiffs wait too long before seeking medical attention.
Hire an experienced attorney. The sooner you can do this, the better. They will begin investigating your case right away by contacting eyewitnesses and reaching out to businesses and residences for possible surveillance video. Hiring the right lawyer will also send a message to the insurance company that your claim needs to be taken seriously. While there are no guarantees, our car accident lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have found that this can increase the likelihood that you receive a fair settlement offer earlier in the process.

Do not mention anything about your accident, your injuries, or your lawsuit on social media. Do not post any updates, check-ins, pictures, or videos of yourself that may call into question the severity of your injuries. The best thing you can do is stop using it altogether during the pendency of your claim.

Contact us for a free Consultation

For more than 40 years, our personal injury lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have proven that we are “big enough to do it all, small enough to care.” Through our advocacy, we have recovered millions for our clients.

If you have been a victim of a road rage accident, call our car accident attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. 24/7 to book a free case review. We will never send you a bill unless you win.

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   LWelsh 
 16 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 139 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 159 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 162 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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What To Do if You Are a Victim of a Road Rage Crash

New York and New Jersey are No-Fault States

What is Road Rage?

Steps to Take Following a Road Rage Accident

Contact us for a free Consultation

Why Trust Us?

Rockland County, New York

Bergen County, New Jersey