Engaging in street racing on the freeway in California is a dangerous and illegal activity that can lead to severe consequences, both for the driver involved and for innocent people who might be injured as a result of such reckless behavior. In a California personal injury case, a driver who engages in street racing could be held fully liable for any injuries or damages caused in the accident, and the legal consequences for street racing can be very serious.
Legal Implications of Street Racing on the Freeway in California:
- Violation of California Vehicle Code:
- California Vehicle Code Section 23109 makes street racing illegal. It states that a person may not engage in a race or speed contest on public roads, which includes the freeway. This applies to both organized events and spontaneous races between drivers.
- Street racing is considered reckless driving, and it violates the rules of the road that are designed to protect everyone from harm.
- Penalties for street racing in California can include:
- Fines.
- Jail time (for repeat offenders or in cases of serious accidents).
- License suspension.
- Vehicle impoundment.
- Reckless Driving and Criminal Liability:
- Street racing is not just a traffic violation; it is classified as reckless driving under California Vehicle Code Section 23103. Reckless driving occurs when someone drives in a way that demonstrates willful disregard for the safety of others.
- If a street race results in an accident, the driver who was racing may face criminal charges in addition to civil liability. Criminal penalties could include fines, jail time, or probation, depending on the severity of the incident.
- Negligence Per Se:
- Negligence per se refers to the legal principle that if a driver violates a traffic law (in this case, street racing), their violation automatically constitutes negligence in the context of a personal injury case.
- In a personal injury case, if the defendant was street racing and caused an accident, their violation of the law can establish that they were negligent, making it easier for the plaintiff (injured party) to prove liability.
- Causation and Liability:
- In personal injury law, causation is a critical element in proving the defendant’s liability. If street racing directly causes an accident, the injured party must show that the race was a substantial factor in causing the crash.
- For example, if two drivers are racing on the freeway and one loses control of their vehicle, crashing into another car, the racers can be held liable for the damages caused to the other vehicle or people involved, even if the injured parties were not part of the race.
- Reckless Driving and Aggravated Liability:
- Reckless driving is more serious than ordinary negligence because it involves willful disregard for others’ safety. If the defendant was racing at high speeds, swerving, or weaving in and out of traffic, their actions are more likely to be classified as reckless driving rather than simple negligence.
- In a personal injury lawsuit, reckless driving can lead to greater liability and punitive damages, which are designed to punish the wrongdoer and deter future reckless conduct.
- Insurance Implications:
- If the driver engaging in street racing is at fault for an accident, their auto insurance may not cover the damages caused. This is because insurance policies typically exclude coverage for illegal activities like street racing.
- In cases where the at-fault driver’s insurance denies coverage, the injured party may need to pursue compensation from the driver personally, which could involve suing the driver for damages.
- Criminal and Civil Cases:
- Criminal liability: If the street racing incident leads to criminal charges (such as reckless driving, causing bodily injury, or vehicular manslaughter), the defendant may face criminal prosecution, which can result in fines, jail time, and a criminal record.
- Civil liability: In a personal injury case, the plaintiff (injured party) can file a civil lawsuit to seek compensation for medical bills, lost wages, pain and suffering, and property damage. Even if the defendant is found not guilty in a criminal case, they can still be held liable in a civil court.
Types of Damages in a Personal Injury Case Involving Street Racing:
- Medical Expenses:
- You can recover compensation for all medical expenses related to the accident, including hospital stays, surgeries, physical therapy, and any future medical costs necessary for ongoing treatment.
- Lost Wages:
- If the injuries prevent you from working, you can claim compensation for lost income. This includes both past wages and any future lost earnings if the injuries impair your ability to work long-term or permanently.
- Pain and Suffering:
- Pain and suffering compensates for physical pain, emotional distress, and diminished quality of life resulting from the accident. This could include chronic pain, anxiety, and mental anguish.
- Property Damage:
- You can recover compensation for any property damage, such as vehicle repair or replacement costs, as well as damage to personal items (e.g., clothing, electronics) inside your vehicle.
- Punitive Damages:
- Punitive damages may be awarded in cases where the defendant’s behavior was extremely reckless, such as engaging in street racing. These damages are intended to punish the wrongdoer and deter others from engaging in similar reckless conduct.
- Loss of Consortium:
- If the injuries were severe and resulted in the loss of a relationship (such as the inability to perform marital duties due to physical limitations), the spouse of the injured party may be entitled to claim loss of consortium damages.
Steps to Take After an Accident Involving Street Racing:
- Call the Police:
- It is essential to report the accident to the police immediately. If the driver was engaged in street racing, they may be arrested or cited, and the police report will document the incident, which can be used as evidence in the personal injury case.
- Gather Evidence:
- Take photos of the scene, including vehicle damage, skid marks, traffic signals, and any signs of racing (e.g., burned rubber or racing-related debris). If there are any witnesses, get their contact information, as they may be able to testify to what they saw.
- If possible, obtain any available dashcam footage or surveillance footage from nearby businesses or traffic cameras.
- Seek Medical Attention:
- Even if you feel okay, it’s important to see a doctor after the accident. Some injuries (like whiplash or internal injuries) might not be immediately apparent but could worsen over time.
- Consult an Attorney:
- A personal injury attorney experienced in handling cases involving street racing can help you navigate the legal complexities, gather evidence, and pursue the compensation you’re entitled to.
- Document Your Losses:
- Keep detailed records of medical treatments, lost wages, property damage, and any other expenses resulting from the accident. This documentation will be essential in proving your damages.
Conclusion:
Engaging in street racing on the freeway is an extremely dangerous activity that can result in serious accidents and injuries. If you’ve been injured in an accident caused by street racing, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. The at-fault driver can be held liable for their reckless conduct, and criminal charges may also apply.
Law Offices of James R. Dickinson – 909-848-8448
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