Is Road Rage a Crime?

Road rage incidents have become far too commonplace, and an increasing number are deadly. Losing one's temper on the road can result in tragedy—not to mention criminal charges, time behind bars, loss of driving privileges, and more. Learn how state laws address and punish acts of road rage.

What Is Road Rage?

Road rage can mean many different things when used in everyday conversation. For research and data analysis, road rage is commonly defined as threatening or violent behavior directed at a person following a roadway incident or escalation.

Some common examples of road rage include:

• forcing a driver off the road
• sideswiping or ramming a vehicle
• throwing objects at a vehicle
• cursing, screaming insults, or making obscene or rude gestures at another driver
• making verbal or physical threats at another driver (including brandishing weapons)
• exiting the car and physically assaulting a driver or passenger, and
• shooting at a vehicle, driver, or passenger.

People can also direct road rage at pedestrians, cyclists, or other road users.

Is Road Rage a Crime?

While not a crime in and of itself, road rage incidents can result in criminal charges and sentencing enhancements. The exact charges depend on the facts of the incident, but examples include murder, aggravated assault, battery, vehicular assault, terroristic threats, harassment, reckless endangerment, and criminal property damage. (More on these criminal charges below.)

A few states have laws specifically targeting road rage behavior. For instance, California law permits judges to suspend a person's driving privileges, order completion of an anger management course, or both for road rage offenses (on top of other criminal penalties). (Cal. Veh. Code § 13210 (2025).) New Jersey's assault by auto law makes aggressive driving a felony-level offense when the driver targets another vehicle and their aggressive driving results in bodily injuries. (N.J. Stat. § 2C:12-1 (c) (4) (2025).) Utah has a sentencing enhancement for road rage incidents. The law increases the penalty by one level if the defendant committed an offense (like assault or property damage) due to road rage. (Utah Code § 76-3-203.17 (2025).)

What Are Possible Criminal Charges for Road Rage Incidents?

Road rage incidents can range from angry outbursts to shootings. Below are examples of criminal charges associated with road rage incidents.

Murder, Manslaughter, or Vehicular Homicide

In the worst road rage incidents, death results from an altercation. A defendant who causes another's death could face charges for murder, manslaughter, or vehicular homicide, depending on the facts. For instance, a road rage shooting could result in murder charges. Running someone off the road could lead to vehicular homicide charges if any fatalities occur. Manslaughter charges might come into play if the driver engages in reckless behavior that results in another's death, such as throwing an object at someone's windshield. All of these crimes carry serious felony penalties, with murder charges being the most severe.

Assault, Battery, and Vehicular Assault

Road rage incidents can also result in assault or battery charges. A person commits assault or battery if they intentionally:

• injure or attempt to injure another person, or
• place another in fear of imminent bodily harm.

So, if a defendant gets out of their vehicle screaming and shaking their fist at another driver, it's assault. Hitting, kicking, or throwing an object at another is also assault or battery. Examples of aggravated assault and battery include brandishing a weapon, shooting at a car, or ramming into a vehicle.

Assault and battery penalties ramp up as the threats or injuries get worse. Shaking a fist at someone might be a misdemeanor, but pointing a gun at them would be a felony. Likewise, pushing or shoving someone would be a misdemeanor if no injuries or only minor injuries result. Felony assault generally involves serious bodily harm, such as broken bones, knocked-out teeth, or lacerations. Assaulting another by hitting them with a vehicle will almost always be a felony and, in many states, can be considered assault with a deadly weapon.

Terroristic or Criminal Threats

Threatening violence against another to terrorize them will typically carry felony charges. Some states refer to this crime as terroristic threats, criminal threats, or threats of violence. Brandishing a weapon falls under this crime in some states. Generally, terroristic threats involve credible and specific threats of harm where the defendant intends to instill sustained fear in the targeted victim. Examples of terroristic or criminal threats could include a driver who threatens to attack another driver once they stop their car or pounds on someone's vehicle window and threatens to kill them.

Harassment

Harassing behavior doesn't rise to the level of threatening violence. Rather, it's usually unwanted contact or communications meant to cause another person serious emotional distress. Examples of harassing road rage behavior could include tailgating someone and flipping them off, following a car and screaming and cursing at them, or trying to run them off the road. Criminal harassment typically starts as a misdemeanor but can become a felony if, for example, the victim is a minor or elderly person or the defendant uses racial or sexual slurs.

Reckless Endangerment

A person commits the crime of reckless endangerment by engaging in conduct that creates a substantial risk of death or serious bodily harm to another. Many road rage incidents can fall under this offense, including cutting someone off in traffic, running someone off the road, weaving in and out of traffic to prevent someone from passing, or throwing an object at another's windshield. These crimes can carry misdemeanor or felony penalties.

Criminal Property Damage

Road rage that results in property damage is another crime. This might include ramming into or sideswiping another's car, slashing someone's tires, hitting a vehicle with a large object, or forcing another person to drive into a mailbox, fence, or shrub. The more damage one causes, the harsher the penalties will be. For instance, causing $1,000 in damage could be a misdemeanor, and anything over that amount a felony.

What Are the Penalties for Road Rage?

As noted above, the penalties for road rage depend on the crime committed, the resulting harm done, and whether a weapon was involved. Crimes that result in serious harm to a person, involve a weapon (which can include a car) or threats of violence, or that cause thousands of dollars in property damage will most likely be felonies. Felonies can mean prison time and serious fines. Less serious offenses generally carry misdemeanor penalties, which can still result in time behind bars and fines.

Judges might also consider road rage an aggravating factor when doling out a sentence, such as when the conduct risks harm to multiple victims, children were present in either vehicle, or the actions were unreasonably dangerous. In Utah, the offense level increases one degree for road rage crimes.

How Common Are Road Rage Shootings and Other Incidents?

Because road rage itself is not a crime, most of the data on such incidents has been gathered through surveys. For instance:

• A Consumer Affairs' survey found that nearly 90% of Americans reported being a victim of some sort of road rage in 2024. The most common forms of road rage experienced were speeding, tailgating, honking, and inappropriate gesturing.
• California's Office of Traffic Safety asked drivers in 2021 to report the biggest change in driver behavior since the COVID pandemic started. More than a quarter reported aggressive driving and road rage.
• The AAA Foundation's 2024 Traffic Safety Culture report found that millions of drivers engage in aggressive driving behaviors, including making unsafe lane changes, speeding to prevent another car from passing them, and honking at other drivers or using rude hand gestures.

Probably the best source of road rage data comes from the Gun Violence Archive (GVA). It has 10 years' worth of gun violence data (to the extent it's publicly available), including how often guns are involved in road rage incidents. In 2024, GVA records showed 434 road rage shooting incidents, with 119 victims being killed and 341 victims being injured. Ten years prior, the number of road rage shooting incidents was at 83. Scientific studies have shown that just having a gun in a vehicle makes motorists more likely to exhibit road rage.

Is Aggressive Driving the Same as Road Rage?

Not necessarily. Most states' aggressive driving laws target dangerous driving habits (traffic violations) that put others at risk. Road rage may involve or escalate from aggressive driving, but most definitions of road rage focus on violence directed at a particular person.

A common statutory definition of "aggressive driving" is a course of driving conduct involving three or more traffic violations, including:

• following a vehicle too closely (tailgating)
• overtaking or passing a vehicle on the right shoulder
• weaving in and out of lanes (unsafe lane changes)
• failing to yield the right of way
• speeding or driving at unreasonable speeds
• impeding traffic or blocking others from changing lanes, and
• not obeying traffic signs or control devices.

Some states require that the conduct create an immediate hazard to property or persons. Georgia considers aggressive driving to include one driving violation committed with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. (Ga. Code § 40-6-397 (2025).)

Most states penalize aggressive driving with misdemeanor penalties, driver's license suspensions, and driving classes specific to road rage or anger management.

(See Ariz. Rev. Stat. § 28-695; Del. Code tit. 21, § 4175A; Ind. Code § 9-21-8-55; Neb. Rev. Stat. § 60-6,214; Nev. Rev. Stat. § 484B.650; Va. Code § 46.2-868.1 (2025).)

What to Do If You're Targeted in a Road Rage Incident

Road rage incidents escalate quickly. To stay safe, it's best not to engage with an angry driver—it's not worth the potential cost. Here are some safety tips.

• Don't confront or engage with aggressive drivers.
• Don't use your horn or make eye contact with the angry driver.
• Create distance between yourself and the other driver.
• Lock your doors.
• Call 911 if in danger.
• Drive to a police station if being followed.
• Record license plate numbers if safe.
• Report incidents to police.

(More information can be found at AAA Aggressive Driving, Insurance Information Institute (iii.org), and the Texas Department of Transportation.)

Getting Legal Advice

If you've been charged in a road rage incident, talk to a criminal defense lawyer or public defender as soon as possible.

If you're the victim of a road rage incident, you might want to speak to a personal injury lawyer to see if remedies are available in your situation.