Most personal injury cases involve negligence, and it is possible that what you perceive as aggressive driving will be found to be negligent by a jury. To establish negligence, you would need to show duty, breach of duty, causation, and damages. In general, all drivers owe others a duty to drive safely while obeying traffic rules and taking road conditions into account. If someone drives aggressively, that is likely a breach of the duty of care. If the aggressive driving causes someone else’s injuries, the aggressive driver may be liable for damages.
Reckless driving involving the willful or wanton disregard of others' rights is a criminal violation under § 66-8-113 NMSA. If someone is cited for criminally reckless driving, negligence per se may apply. To establish negligence per se, the plaintiff must show that a statute defines a standard of conduct or prohibits certain actions, the defendant violated the statute, the plaintiff is in the class of people that the legislature tried to protect with the statute, and the harm the plaintiff suffered is of the type the statute is designed to prevent. Negligence per se is helpful to plaintiffs because it means that they do not have to prove that the defendant's actions were a breach of duty. The standard of conduct and what constitutes a violation of it is set forth in the law.
If you can establish negligence or negligence per se, you may be able to recover economic and non-economic damages. Economic damages are types of tangible damages such as medical bills, lost wages, and out-of-pocket costs. Non-economic damages include loss of enjoyment in one's usual activities and pain and suffering. While economic damages are often consistent regardless of the jury evaluating them, non-economic damages can vary depending on the jury.