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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