When does aggressive driving become a crime?

I was driving in the middle lane along a three lane highway and the speed limit was 55mph. There was impending traffic on the road. My vehicle's speed was about 60mph. This driver was doing about 95mph in the ping lane. That driver immediately pulled out of the ping lane and into the middle lane because the driver's were too slow for him. He then merged back into the ping lane and came about 1foot from hitting the back of my vehicle. If he hit me, could he have been arrested?