What to do in a road rage shooting

You’re driving down the road when someone cuts you off. You don’t react, except to get in the next lane and go around them. Now the other man is behind you honking his horn, waving his arms and screaming out the window that you need to pull over. You start to feel uneasy. You don’t know what this person is going to do next. Do you reach into your center console to pull your firearm to warn him that you have a gun and to leave you alone? Do you get it ready in case he gets out of his vehicle to attack you? SDF attorneys have defended members in road rage cases.

Road rage shooting

Self-Defense

Displaying a firearm in road rage, even when your intentions are good, can easily end in arrest. Most states generally treat the display of a firearm in self-defense as a use of “force.” You can lawfully use “force” in self-defense when and to the degree you reasonably believe it is immediately necessary to protect against someone else’s unlawful force against you.

Nevertheless, when it comes to road rage, we typically see officers arrest the person with a gun in their vehicle. Their reasoning? You could have driven away from the situation rather than pulling out a weapon. Hence, your use of force was not immediately necessary.

Charges Related to Road Rage

Three typical charges result from pulling a firearm in a road rage incident. These charges include aggravated assault, deadly conduct, and disorderly conduct.

• Aggravated assault is a Second-Degree felony and carries a range of punishment of 2-20 years in prison and up to a $10,000 fine.

• Deadly conduct is a Third-Degree felony or Class A misdemeanor (depending on the circumstances). It is punishable by 2-10 years in prison and up to a $10,000 fine (if charged as a felony) or up to 1 year in the county jail and up to a $4,000 fine (if charged as a misdemeanor).

• Disorderly conduct is a Class B misdemeanor. It is punishable by up to 180 days in county jail and up to a $2,000 fine.

What To Do in a Road Rage Situation

If you find yourself in a road rage situation, the best thing to do is take a deep breath and drive away. A jury always looks for evidence of avoidance. Now, if it is a situation where the other person has blocked you with their vehicle and is walking towards you with a weapon, then you would more than likely be justified in pulling a gun to defend yourself.  Stan your ground law.

It is essential to remember that self-dense is just that; it is a defense. It is not a bar to being arrested or dragged through the court system. So, pulling a gun, even to warn or deter the other person, should always be a last resort. An important note: it does not matter whether the gun is loaded or not.

Road rage is a serious issue that can lead to devastating accidents and injuries. It’s not just about angry drivers honking their horns or shouting obscenities. Road rage can escalate to dangerous driving behaviors that put everyone on the road at risk. But what happens when you’re the victim of such an incident? Can you sue for road rage injuries arising out of a road rage incident?

Recent examples of road rage injuries and accidents in the news

Texas has more fatal road rage shootings than any other state: According to a report by Jerry, the car insurance savings app, Texas ranks first in the nation for road rage shootings. The number of road rage shootings has doubled in recent years.

1. Dallas: July, 2024 Woman fatally shot after husband flipped off driver in road-rage event after her husband flipped off another driver.

2. Grapevine: On July 11, 2025, a 59-year-old man was arrested for firing into a pickup truck during a road rage incident, which injured a 7-year-old boy.

3. Frisco: October 10, 2025 A road rage incident outside Frisco High School and resulted in the death of a 34-year-old man.

4. Lake Worth: November, 2025 A 20-year-old woman was arrested and charged with aggravated assault with a deadly weapon following a road rage shooting.

5. Burleson: In late November 2025, a road rage incident in a Whataburger parking lot led to a shooting where one driver shot the other in the stomach.

6. Fort Worth: December 1, 2025: On shot in I-820 road rage shooting two cars racing.

7. Philadelphia: December 1, 2025: One person wounded in road rage shooting on I-95.

Road rage shooting

What to Do After a Road Rage Accident

Call 911

Police often don’t respond to accidents that only involve property damage. However, road rage incidents can involve more serious offenses such as aggravated assault. Therefore, it’s important to specifically mention to the police that this was a road rage incident. This can prompt a more thorough investigation and ensure that any related crimes are properly addressed.

Document Identifiers

When reporting the incident, provide as much detail as possible, including the other driver’s license plate number, vehicle description, and a recounting of their actions. This information can be crucial for any subsequent legal or insurance proceedings.

Document What Happened

If it’s safe to do so, documenting the incident can provide valuable evidence. This can include taking photos or videos of the scene, the other vehicle, and the driver. However, it’s important to do this discreetly and from a safe distance to avoid provoking the other driver.

Remember, your safety is paramount. It’s better to have less evidence but be safe, than to put yourself in danger for the sake of documentation. After ensuring your safety and reporting the incident, seek medical attention immediately, even if you think your injuries are minor. Some injuries may not be immediately apparent and can worsen if left untreated.