Written by Collin Melancon, personal injury attorney at Mansfield Melancon Injury Lawyers.
Football season backs up traffic across the whole state on Saturdays, and gridlock brings out a specific kind of driver — the one who rides your bumper for a mile, swerves around slower cars without a turn signal, then brakes hard when you don’t move fast enough. If that driver eventually causes a crash, Louisiana law treats their conduct differently than an ordinary lapse in attention. Aggressive and reckless driving can support a stronger claim, including punitive damages in some circumstances, and you usually have two years to pursue it — which is exactly the kind of case an aggressive driving accident lawyer sees spike every football season.
The difference between careless driving and aggressive driving matters more than most people realize once a claim is underway.
What an Aggressive Driving Accident Lawyer Looks for in Louisiana
Louisiana law identifies specific behaviors as reckless operation of a vehicle, including excessive speed, following too closely, and unsafe lane changes made in combination with each other rather than as an isolated mistake. A driver who commits several of these violations in sequence — tailgating, then swerving, then speeding through a yellow light — is generally treated as more culpable than a driver who simply misjudged a single gap in traffic.
Tailgating Crashes Carry Their Own Presumption
Louisiana courts generally presume that a following driver who rear-ends another vehicle was following too closely, which shifts the burden onto that driver to explain why the crash wasn’t their fault. This presumption becomes especially useful in stop-and-go game-day traffic, where an aggressive driver riding too close simply doesn’t have the following distance to stop safely when traffic compresses suddenly.
Why Punitive Damages Sometimes Apply
Louisiana generally doesn’t allow punitive damages in ordinary negligence cases, but reckless or wanton conduct is treated differently in certain circumstances, similar to how intoxicated driving is handled. A pattern of aggressive maneuvers — not just one mistake — is often what separates a standard negligence claim from one where additional damages become available.
Documenting Aggressive Behavior Matters Early
Dash cam footage, if you have it, is often the single best evidence of aggressive driving leading up to a crash — it shows the pattern, not just the impact. Witness statements from other drivers who noticed the behavior before the collision also carry weight, since a single witness confirming “that driver was weaving through traffic for several minutes” establishes a pattern an insurance company can’t easily dismiss.
Frequently Asked Questions
What’s the difference between careless driving and aggressive driving in Louisiana?
Aggressive driving typically involves a combination of behaviors — tailgating, unsafe lane changes, excessive speed — done together, rather than a single isolated mistake, and Louisiana law treats the two differently.
If someone rear-ends me in traffic, are they automatically at fault?
Louisiana courts generally presume a following driver who rear-ends another vehicle was following too closely, though that presumption can be challenged with specific evidence.
Does dash cam footage help an aggressive driving claim?
Yes. Dash cam footage showing the other driver’s behavior in the minutes before a crash is often the strongest evidence available in these cases.
If an aggressive driver caused your crash, reach out and let’s look at what the evidence actually shows. The consultation is free, and you pay nothing unless we win.