Mexican actor Pablo Lyle Faces Judge in Self-Defense Hearing for Road Rage
Pablo Lyle, a well-known Mexican actor known who regularly appears on telenovelas such as “Una familia con suerte,” appeared in court at the Metro Justice building this week for a pre-trial hearing. Lyle is facing charges for a road rage incident that occurred earlier this year in March. Lyle’s case gained national attention because of its connection to Florida’s Stand Your Ground law. He’s been charged with manslaughter for punching a 63-year-old man named Juan Ricardo Hernandez in a road-rage altercation that was caught on camera. The punch eventually killed Hernandez after he sustained a massive brain injury. Lyle requested the judge to drop the manslaughter charges because his attorneys said he punched Hernandez in self-defense per the Stand Your Ground law since he was trying to protect his family, who was in the car at the time of the incident. If the judge denies the Stand Your Ground request by Lyle’s defense team, the prosecution will move to trial.
What Is Road Rage?
Road Rage is uncontrollable anger that results from an incident involving an automobile, which leads to behavior intended to harm people or property. Experts say road rage is a thought process that drivers go through when they have feelings of rage and thoughts of retaliation. The National Highway Traffic Safety Administration defines “aggressive driving” as a combination of moving traffic offenses in a manner that endangers other persons or property. http://www.nhtsa.gov/Aggressive. Commonly known as “road rage,” it generally comprises several unsafe driving behaviors, including following too closely, driving at excessive speeds, weaving through traffic, running stoplights and stop signs, and gesturing angrily or yelling at other drivers, and may escalate to physical assault or murder. According to a 1995 survey commissioned by the American Automobile Association, almost 90% of motorists had experienced road rage incidents during the prior 12 months, and 60% admitted to losing their tempers behind the wheel.
While road rage often serves as the basis for criminal charges, it can also give rise to a civil suit. Civil actions based on injuries suffered as a result of another driver’s reckless or aggressive driving generally sound in battery, negligence, or both. While insurance coverage is not likely to be available if the action is based on a theory of battery, it may be in a negligence action; however, if the facts as pled all indicate battery, the plaintiff cannot plead the case as one sounding strictly in negligence. Insurance coverage is seldom available for intentional torts, such as battery, because the tortfeasor’s actions generally do not meet the policy definitions of “use” or “accident”. A prima facie case in an action for battery based on a road rage incident requires proof that: (1) the defendant intended to cause a harmful or offensive contact with the plaintiff and (2) harmful contact with the plaintiff’s person resulted. On the other hand, a prima facie case in an action for negligence based on a road rage incident requires proof that: (1) the defendant owed the plaintiff a legal duty(2) the defendant breached that duty; and (3) the breach was a proximate or legal cause of the plaintiff’s injuries.
What Defenses Are Available?
In addition to the elements that make up a prima facie case of negligence or battery arising from aggressive driving, there are defenses typically available in tort cases, including superseding cause, self-defense, comparative negligence, assumption of the risk, and official immunity, which are also potentially available in civil actions arising from incidents of road rage. In appropriate cases, a negligence or battery action based on an incident of road rage may be defended on the following grounds: (1) negation of an element of the cause of action, often causation; (2) self-defense or justification; (3) comparative negligence or assumption of the risk; and (4) governmental immunity.
Who is Entitled to Recover?
Parties who may recover in a civil action based on a road rage incident may include the injured party, the injured party’s assignee, or, in the case of an intentional tort, an employee. Parties who may be held liable for battery or negligence based on a road rage incident include: (1) the tortfeasor; (2) a private employer of the tortfeasor; and (3) a public employer of the tortfeasor.
Contact an Experienced Personal Injury Attorney Today!
Driving can be dangerous in Miami, and it is made worse in road rage car accidents. If another driver tries to run you off the road or intentionally crashes into you, it can result in a horrific car crash. When you’re involved in a road rage car accident or another crash caused by aggressive driving, talk to a car accident attorney about your options going forward. There is no replacement for quality legal advice after being involved in a car accident. The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different. The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
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