Road rage has been a problem as long as drivers– mostly hot-headed men– have been driving. However, the phrase “road rage” didn’t become common until the late 1980’s.
Frequently Asked Questions About Road Rage
What is Considered Road Rage?
Road rage is defined by the online dictionary Merriam-Webster as “violent anger caused by the stress and frustration involved in driving a motor vehicle in difficult conditions.”
How are Aggressive Driving and Road Rage Similar?
Aggressive driving may– in some situations– be a violation of the Oregon Vehicle Code (e.g. speeding, following too close, changing lanes frequently and without signaling). But road rage is different. Typically road rage involves an element of attempting to threaten or intimidate another driver. Often out of anger or frustration. In other words, an aggressive driver is somewhat indifferent to other vehicles on the road and focused on getting from one place to another quickly. A driver acting with road rage is instead focused on “sending a message” or “teaching a lesson” to another driver through a display of force or threat of force. It’s almost as if the transportation element takes a backseat to the need to display anger or frustration to another motorist.
What Causes Road Rage?
Psychologists have their theories, but the obvious factors include: Traffic, short tempers, poor driving, and alcohol. But none of these things are really excuses for acting out crimes. For what it’s worth, Portland Oregon was rated in an AutoVantage road rage survey as the “Most Courteous City in the U.S.” Maybe rain cools off the hot heads?
How Do You Deal with Road Rage?
Progressive Insurance offers the following good recommendations:
- Control your anger.
- Don’t take traffic problems personally.
- Avoid making eye contact with an aggressive driver.
- Don’t make obscene gestures.
- Don’t tailgate.
- Use your horn sparingly — even a polite honk can be misinterpreted.
- Don’t block the passing lane.
- Don’t block the right turn lane.
Another important bit of advice to add: Don’t “brake check.” Many drivers believe that they can slam on their brakes in order to startle a tailgating vehicle as a way of encouraging tailgating vehicles to back off. However, if an accident occurs, brake checking will not only result in civil liability but it could cause you to be charged with a crime.
What are Oregon’s Road Rage Laws?
Oregon doesn’t have a per se “road rage” law. Some of the crimes that could be charged for aggressive or threatening driving could include but not be limited to:
- ORS 811.140 – Reckless driving
- ORS 811.135 – Careless driving
- ORS 163.195 – Recklessly endangering another person
- ORS 163.190 – Menacing
In the case of a road rage accident resulting in injuries, assault charges would be expected. Cars and other vehicles can be considered “dangerous weapons” under Oregon law. For example, a driver intentionally, knowingly, or even recklessly causing serious physical injury to another by means of a dangerous weapon under circumstances manifesting extreme indifference to the value of human life could face a charge of Assault in the Second Degree. Assault 2 being a Measure 11 crime means that– upon conviction– the driver would serve 5 years and 10 months in prison.
Defenses to Oregon Road Rage Charges
The defenses for road rage allegations will vary depending on the crime alleged. In some cases, self-defense may apply. In other cases, “choice of evils” might apply. For an interesting discussion on the latter, see this Oregonian article. In other cases, the defense to road rage may be that the elements of the crime simply aren’t provable (e.g. the driving wasn’t careless or reckless, there was no indifference to the possibility of an accident or intent to scare or intimidate another driver).
If you’ve been charged with road rage in Oregon, contact an experienced criminal defense attorney right away. More often than not, Oregon road rage is charged in the form of misdemeanor crimes and not traffic violations, so you’re going to need the assistance of an attorney to avoid possible jail, community work service, fines, and probation.