Michigan Driving Aggressively

Michigan does not currently have a law that defines "Aggressive Driving" or what has commonly become known as "Road Rage".   However, even though there is no specific definition the practice of aggressive driving is addressed in the Michigan Vehicle Code.

Two separate statutes currently include the concept of aggressive driving.  They are "Careless Driving" and "Reckless Driving".

MCL 257.626b defines careless driving as; "A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction."

MCL 257.626 defines reckless driving as; "(1) A person who drives a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both."

The difference between careless and reckless driving is one of intent and/or the possible consequences of such an act.

Careless driving often consists of multiple hazardous violations that are unsafe and negligent, committed at approximately the same time and location.  The driver need not show intent to damage property or injure a person, or even a knowing disregard for that safety for the offense of careless driving to apply.  An example may be, a motorists driving at an excessive rate of speed and running a red light.  The act has to be one that is careless or negligent in manner and likely to endanger a person or property.

On the other hand, reckless driving is an intent crime.   In this case, the driver is aware of the unsafe act(s) in which he or she is engaging, but does so anyway. An example might be, a motorist driving at an excessive rate of speed on the freeway, executing multiple lane changes, and cutting off traffic.   As the motorist continues, he or she tailgates other drivers and then uses the shoulder to pass.  In so doing, other vehicles are forced to take evasive action to avoid being struck by the offenders’ vehicle.   The intent and/or possible consequences are a willful or wanton disregard for the safety of others.

Contact us if the above is similar to your legal case or legal problem. Contact our Michigan Personal Injury lawyers at our law firm located in Southfield, Michigan. Your legal options will be explained.