CVC 13210 states that the DMV can suspend your driver’s license for aggressive driving, also known as road rage. This law allows the DMV to suspend your license for up to 6 months for a first offense and one year for a second or later offense.
When someone injures you in a car accident, you need as much evidence against them as possible to get the financial compensation you need. You may have grounds to file a claim against the at-fault party, but proving they were at fault can be tricky. Fortunately, if the at-fault party faces legal penalties for their behavior around the time of the accident, those penalties can benefit your case.
At Text Kevin Accident Attorneys, we work hard to identify evidence and resources that can be used to help your claim succeed. We pursue the maximum compensation possible for your claim, and that begins with understanding the impact on your case when the at-fault party faces vehicle code violations. Reach out to us for the support you need as you navigate this element of your California car accident lawsuit.
Can My License Be Suspended for Road Rage?
First, it is important to note that if someone is engaging in road rage behaviors, it can impact their license. Road rage can be dangerous and has led to many accidents over the years as drivers engage in verbal and physical threats, reckless driving, and more. The full text for this law is as follows:
In addition to the penalties set forth in subdivision (a) of Section 245 of the Penal Code, the court may order the suspension of the driving privilege of any operator of a motor vehicle who commits an assault as described in subdivision (a) of Section 245 of the Penal Code on an operator or passenger of another motor vehicle, an operator of a bicycle, or a pedestrian and the offense occurs on a highway. The suspension period authorized under this section for an assault commonly known as “road rage,” shall be six months for a first offense and one year for a second or subsequent offense to commence, at the discretion of the court, either on the date of the person’s conviction, or upon the person’s release from confinement or imprisonment. The court may, in lieu of or in addition to the suspension of the driving privilege, order a person convicted under this section to complete a court-approved anger management or “road rage” course, subsequent to the date of the current violation.
Pro Tip
Drivers Can Challenge a 13210 CVC License Suspension
In the process of your car accident lawsuit, the other driver may have been ticketed under this law and may face legal penalties for that. However, the at-fault driver may be able to pursue a hearing to challenge the DMV’s decision to suspend their license. While that may not show they did not cause the accident, it can help them keep their license.
To challenge the DMV’s decision, the at-fault driver can attend an administrative hearing about their driving ability. During this hearing, they must prove they have the skill to drive. They may also be required to attend a negligent operator hearing, allowing them to argue that they were not driving negligently.
Keep in mind that even if the at-fault driver completes these hearings successfully, the evidence may still be stacked against them in your favor. Criminal and traffic court require proof that the person broke the law beyond a reasonable doubt, while you only need to prove that they were more likely than not responsible for your injuries. Because of this, even if they successfully challenge the charges against them, the evidence provided for that case may be useful for you and your personal injury lawyer.
Note
Is Road Rage a Criminal Offense According to California Law?
Road rage does not carry criminal charges, so it cannot impact your license. However, if the at-fault party engages in other dangerous behavior, road rage can lead to criminal charges. It can cause drivers to act with extreme disregard for the people around them, leading to other dangerous behaviors.
In fact, according to research published by the Supreme Court, 44 people per month on average in 2021 were shot and killed or wounded because of road rage. More than 500 people were shot and wounded or killed in road rage shootings in that year alone. Because of this, the DMV takes road rage seriously because of the danger that it can put other drivers in.
For example, in your specific accident, the other driver may have engaged in negligent behavior that places you intentionally in danger. For example, they may have been tailgating, sideswiping you purposefully, or otherwise engaged in dangerous and intimidating behavior. When this happens, keep in mind that you have grounds for a lawsuit and may be due other damages for their extreme negligence.
13210 VC Can Have a Major Impact on a Personal Injury Lawsuit
When another person knowingly and intentionally engages in road rage, and that road rage causes an accident, it can have a massive impact on your personal injury lawsuit. Not only has this person caused an accident, but they have intentionally done so. Proving this with your car accident lawyer and seeking compensation for your severe injuries, such as brain trauma or spinal cord injuries, can be vital.
Road rage impacts everyone on the road, and gathering evidence that the other person was engaging in this behavior is important. That evidence can help prove that not only were you injured by their behavior, but they intentionally tried to injure you. That can lead to coverage for your economic and non-economic damages and your punitive damages.
Punitive damages do not compensate for a specific loss you have experienced but provide further compensation to punish the wrongdoer. These damages are awarded in hopes of deterring future behavior through financial punishment. While these damages can be difficult to pursue, we may determine that you have grounds to do so, and we can help you pursue these in the courtroom.
Severe Penalties Can Be Attached to 13210 CVC
If the DMV finds that the at-fault driver was engaging in road rage, this law does not lead to specific fines but can lead to a license suspension through the DMV. These suspensions can last up to 6 months for the first offense or up to 1 year if their license has previously been suspended on these grounds. If this happens, they may be unable to use their license for that period of time.
The DMV has two options for suspending a driver’s license. They can either send you an order of suspension by finding that you lack the skill to drive, or they may declare you a negligent operator. The second can happen if they find the driver has accumulated enough points on their driving record for moving violations or criminal driving offenses.
While these penalties may not seem as significant as, for example, fines and jail time for their behavior, there is still a possibility that the driver who injured you will face further consequences. Losing one’s license can be a major loss, especially if they drive for their employment, but they may also face other criminal charges related to the incident. For example, if their acts of road rage killed a loved one, they may even face murder charges in addition to the lawsuit you are filing.
Tip
Laws Related to 13210 VC Can Also Impact Your Lawsuit
California Vehicle Code 13210 can lead to a licensed suspension but may not lead to criminal charges impacting your personal injury case. However, that does not mean there will be no impact on your case through relevant criminal charges that accompany many road rage incidents. We can help you navigate your case if you have faced injuries and trauma because of the following criminal charges during your car accident.
Reckless Driving (VC 23103)
The at-fault driver may be charged with reckless driving under CVC 23103. This law states that a driver can be charged with reckless driving if they show a wanton disregard for the safety of other people or property while behind the wheel. This charge is a misdemeanor, and in California, the driver may face up to 90 days in jail for it.
Assault with a Deadly Weapon (PC 245a1)
Penal code 245a1 may be a charge against the at-fault party if they engaged in assault with a deadly weapon. This crime involves attempting to injure another person with a deadly weapon or other force that could cause great injury, such as a vehicle. For example, if the other driver tried to run you down with their vehicle, leading to a serious car accident, they may face penalties for this charge, which can carry a maximum sense of up to 4 years in jail or prison.
Murder (PC 187)
Murder, as defined under Penal Code 187 PC, is the unlawful killing of a human being that involves malice aforethought. Malice aforethought refers to acting with wanton disregard for the lives around them, with the knowledge that there is a high likelihood that their actions could result in death. In these cases, the at-fault party may be facing a murder trial, which can provide closure for your family, though it will take precedence over your recovery of compensation.
California Vehicle Code 13210 CVC FAQs
When the person who calls your accident is charged under CVC 13210, you may have questions about how that can impact them and your case. Knowing what to expect when other legal consequences are involved can help you better understand the direction of your lawsuit. That is why we provide the following frequently asked questions, but you can also contact us for a free consultation if you need further answers.
What is the aggressive driving law 13210 CVC?
California's aggressive driving law, also called 13210 CVC, states that aggressive driving or road rage is not acceptable. If someone does engage in this behavior, they may face significant penalties, including up to a year's license suspension. That can lead to other criminal charges along with your personal injury claim.
Can road rage incidents lead to higher insurance rates?
When someone engages in road rage, they are showing the insurance company that they are engaging in dangerous and reckless behavior. Because of that, the insurance company may charge much higher rates to make up for the potential loss they may suffer. In some cases, they may even decide that the risk is not financially worthwhile, and they may drop coverage.
Does car insurance cover road rage?
When a driver engages in road rage, they are engaging in reckless and unsafe activity. Because of this, many insurance companies do not cover road rage incidents because they do not want to accept liability for the at-fault driver's behavior. That can complicate your personal injury claim, as that leaves the at-fault party pain out of pocket for your suffering.
Is 13210 a misdemeanor?
Can you get car insurance with a suspended license?
Will my insurance cover me if my license is suspended?
Seek Out a Dedicated Car Accident Attorney When Your Case Is Impacted by Road Rage
Facing a driver committing road rage can be a frightening experience, especially when this leads to a serious car accident. You may have been severely injured by their behavior, or you may have even lost a loved one because of it. While this can be a difficult experience, you do have avenues to pursue compensation and get the closure you need following this incident.
At Text Kevin Accident Attorneys, we provide the tools and resources you need when another driver has harmed you. We can utilize our tools and resources to identify the best path forward for you, taking advantage of any other legal cases that arise from that incident. To learn more about our services through a free consultation, reach out by calling or filling out our online contact form.
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