Street racing, also called speed racing or drag contest, endangers others on the road. Accidents resulting from street racing may lead to catastrophic injuries or fatalities.
Street racing is considered an illegal activity under various state laws.
If you or someone you love was injured in an accident involving street racing behavior, you may have a strong case for financial compensation. Proven Oxnard car accident attorneys can take on the insurance company on your behalf and fight to recover the largest possible compensation you may be entitled to under the law.
State Laws Prohibit Street Racing
In California, street racing is strictly prohibited under the law. California Vehicle Code (CVC) §23109 defines street racing as:
- Participation in a speed contest involving racing against another driver on public streets.
- Driving behavior that exhibits speed, such as tire burnout or another dangerous maneuver to show off speed.
Drivers found indulging in street racing in California may face criminal charges entailing severe penalties, such as:
- Imprisonment
- Fines
- Driver’s license suspension
- Vehicle impoundment
When a street racing accident in California results in a bodily injury or fatality, the negligent driver may face more serious felony charges, such as reckless driving causing injury or vehicular manslaughter, in addition to a civil claim for personal injury or wrongful death damages.
Determining Liability in a Street Racing Accident
To recover financial compensation in a personal injury case involving street racing, it is important to establish the liability of the negligent driver.
“Negligence Per Se” in Street Racing Injury Claims
In California, the legal doctrine of “negligence per se” is recognized by the court. It means that if a driver violates the safety laws, such as indulging in illegal street racing behavior, which leads to another’s injury, they are automatically presumed negligent.
The injured victim in a street racing accident in California is generally required to prove:
- The negligent driver indulged in street racing (violation of CVC §23109).
- The violation led to the accident.
- The victim suffered actual bodily injury or harm.
A skilled Oxnard car accident lawyer will move fast to collect evidence that proves these facts to build a strong claim for compensation on behalf of the injured victim.
Potential Liable Parties in Street Racing Accidents
Street Racers
Any motorist who participates in an illegal race on a public street may be held liable for the accident, even when just one of the illegal racers directly caused the crash.
Organizers and/or Spectators
In some situations, the party that facilitated, organized, or otherwise contributed to an illegal street race may be sued for damages under the legal liability theory of aiding and abetting.
Vehicle Owners
If the street racer used a vehicle belonging to someone else, the actual owner may be held liable for damages under the negligent entrustment doctrine in California, in case they knowingly allowed an unlicensed or unsafe driver to operate the car.
Types of Financial Compensation for Injured Victims
An experienced car accident attorney in Oxnard can help the injured victims recover the following types of damages:
Economic Damages
- Current and future medical costs
- Current and future loss of income
- Property damage (vehicle replacement or repair)
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of consortium
Punitive Damages
Under CVC §3294, street racing accidents in California may also lead to punitive or exemplary damages for the injured victim. These damages are reserved for exceptional cases to punish the egregious behavior of a driver and to deter others in the future from indulging in such reckless driving actions.
Steps a Car Accident Lawyer Will Take to Help You Claim Compensation After a Street Racing Accident
Step 1: Evidence Collection
Importance evidence in these cases may include:
- Photographs from the crash site
- Police report
- Citation or arrest record for illegal street racing, if any
- Eyewitness statements
- Surveillance footage from nearby traffic cameras
- Dashcam footage
- Medical records
- Accident reconstruction report
Step 2: File an Insurance Claim
Your Oxnard car accident attorney can help you file a claim with the at-fault driver’s insurance company for maximum compensation. Notably, the challenge in these cases may be that the negligent driver may not have adequate coverage or their insurance policy may exclude illegal driving actions, such as street racing.
If the street racer is without insurance or has inadequate coverage, your attorney can help you file a compensation claim with your own insurance company for Uninsured/Underinsured Motorist Coverage (UM/UIM), if your policy covers it.
Step 3: Sue for Personal Injury
If adequate compensation for your injuries and losses is not available through insurance coverage, your lawyer will explore the possibility of directly filing a personal injury lawsuit against the negligent street racer and any other liable parties. Important elements of your personal injury lawsuit in this case may include:
- Negligence per se claim for damages arising from the violation of CVC §23109.
- Claim for maximum economic and non-economic damages.
- Additional liability claims against the race organizer, vehicle owner, or other third parties if applicable.
Step 4: Consider a Claim for Punitive Damages
If you file a personal injury lawsuit for a street racing accident in California, an experienced attorney will evaluate the possibility of seeking punitive damages for you in addition to compensatory damages. There is no cap on these damages in California, but they may only be awarded in rare cases when you or your lawyer can present compelling evidence against the negligent driver regarding:
- Intentional disregard for safety
- Malicious conduct
- Oppression
Statute of Limitations to File an Injury Claim
California imposes strict time limits on the injured victims to file a claim for personal injury compensation as follows:
- Bodily injury claims: Within two years from the date of the accident and injury
- Property damage claims: Within three years from the date of the accident
If you miss these deadlines, you may be barred from claiming any financial compensation for your injuries and losses.
Get Legal Representation from an Oxnard Car Accident Lawyer
If you or a loved one has suffered injuries in a street racing accident, you don’t have to face the aftermath alone. Seasoned and resourceful car accident attorneys in Oxnard can provide you with the strongest possible legal representation you need, and pursue the recovery of maximum compensation for your injuries and losses.
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