Engaging in street racing on the freeway in California personal injury case

Engaging in street racing on the freeway in California is not only illegal, but it’s considered grossly negligent and reckless behavior, which can dramatically impact a personal injury case — both in terms of liability and potential damages.


🔴 1. Street Racing is a Criminal Act in California

🚔 California Vehicle Code §23109(a):

“A person shall not engage in a motor vehicle speed contest on a highway.”

  • This includes freeways and any public roads.
  • It is a misdemeanor, but can become a felony if someone is injured or killed.
  • Participants include not just the drivers, but sometimes also passengers, spotters, or organizers.

In a personal injury lawsuit, this violation establishes negligence per se and possibly gross negligence, a higher standard that can justify punitive damages.


🔷 2. Impact on Personal Injury Liability

If a person causes a crash while street racing:

  • They are almost always liable for resulting injuries.
  • Negligence per se applies, meaning the injured party doesn’t need to prove the defendant acted unreasonably — just that they violated the law and caused the injury.
  • Punitive damages can be awarded because racing is considered reckless disregard for the safety of others.

🔷 3. Joint and Several Liability for Racers

Even if only one racer hits another car or causes the injury, both drivers may be held liable.

Example:

  • Driver A races Driver B.
  • Driver A crashes into an innocent third party.
  • Driver B can also be held jointly and severally liable for the injury, even without direct contact, under California’s theory of concerted action liability.

🔷 4. Comparative Fault Is Limited for Victims

Unless the injured party was also participating in the race (or did something clearly negligent), the racing drivers bear nearly all the fault.

  • Innocent victims are rarely found comparatively at fault.
  • However, if the victim was also driving recklessly (e.g., texting or drunk), comparative fault may reduce their damages.

🔷 5. Types of Recoverable Damages

An injured person may claim:

  • Medical bills (past and future)
  • Lost wages or earning capacity
  • Pain and suffering
  • Property damage
  • Punitive damages (to punish and deter racing behavior)

🔷 6. Evidence That Strengthens the Case

  • Traffic or surveillance video (often freeway cameras or bystanders)
  • Eyewitness testimony
  • Social media posts (racers sometimes post footage)
  • Police reports citing racing behavior
  • Vehicle data (speed, acceleration, GPS)
  • 911 calls or CHP incident logs

🔷 7. Insurance Complications

  • Most auto insurance policies exclude coverage for injuries caused while participating in illegal activities like racing.
  • If you’re the injured victim, you may still recover from:
    • The racers’ personal assets
    • Uninsured/underinsured motorist coverage (your own policy)
    • Possibly a dram shop or organizer if they facilitated the race (in rare cases)

✅ Key Legal Strategy

  • Assert negligence per se based on Vehicle Code §23109.
  • Pursue both racers (and possibly more if others were involved).
  • Push for punitive damages to increase case value and apply pressure.
  • Investigate all insurance avenues, including your own policy.

Do You Need Help With:

  • Drafting a personal injury complaint that includes punitive damages?
  • Writing a demand letter to an insurance company?
  • Responding to a defense attorney trying to downplay the racing?

Law Offices of James R. Dickinson – 909-848-8448

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