In a car racing accident, the driver is usually liable for a spectator’s injuries if they hit them. Other parties, such as event organizers, may also be responsible if their actions contributed to the crash. However, the compensation amount may be reduced if the spectator participates in illegal street racing.
Suppose you are involved in a California car racing accident. In that case, this article will help you understand and work around the intricacies of car accident claims when pursuing compensation for the damages.
What Does the California Law Say about Street Racing?
California prohibits street car racing. According to Senate Bill 1472, known as Ryan’s Law, excessive speeding is considered gross negligence. Under this law, the following actions are prohibited:
- Driving at 100 mph or more on a highway.
- Operating a vehicle on a highway or off-street parking facility with deliberate or wanton disregard for people’s or property’s safety (reckless driving).
- Participating in activities such as sideshows that can lead to street racing.
- Driving hazardously, leading to vehicular manslaughter.
Moreover, if street racing results in a fatality, the driver may be charged with vehicular manslaughter with gross negligence. This charge can lead to several legal consequences:
- Misdemeanor: Summary probation, one year in county jail, or a fine up to $1,000.
- Felony: Formal probation, two to four years in state prison, or a fine up to $10,000.
What Types of Car Race Are Legal in California?
While street racing is generally prohibited, California conducts legal car racing on regulated racetracks and during sanctioned events. These car races include the following:
- Track Racing: Sonoma Raceway, Auto Club Speedway, and Thunderhill Raceway Park host various races, including NASCAR, IndyCar, and other professional racing events.
- Drag Racing: Drag racing is allowed and may be observed at Irwindale Speedway and Famoso Raceway, among other venues. These establishments offer well-organized spaces where it is permitted and safe to conduct drag racing.
- Autocross: Timed activities in which cars navigate a track marked with cones, usually in large parking lots or other open areas. Car clubs routinely organize these legal and safe events.
- Rally Racing: Rally races that are sanctioned, like those organized by the California Rally Series, take place on designated courses and follow stringent safety guidelines.
Overall, California allows racing as long as it is held on a legal race track that follows safety protocols and guidelines. Conversely, street racing has severe legal consequences and is dangerous and unlawful.
Is It Prohibited to Spectate an Illegal Car Racing?
It is illegal to spectate street car racing.
California Vehicle Code Section 23109(b) explicitly addresses spectators during unlawful street racing. According to this law, it is against the law for someone to assist or abet in a car race on a highway or in an off-street parking lot. As such, spectating street racing is considered to help the activity- making it illegal.
What Happens If a Spectator Is Injured in a California Car Racing Accident?
Generally, the driver whose actions caused the collision is responsible for the damages. In such a case, their insurance company should cover the associated expenses, such as medical bills, vehicle damage costs, and lost wages.
When filing a claim, you must demonstrate that the accident resulted from the driver’s negligence by proving the following:
- The driver had a duty to ensure the safety of others on the road.
- The driver breached this duty.
- This breach caused the accident.
- The accident led to injuries and other damages.
In race car accidents, the driver may be liable if their actions caused the crash. However, this still depends on the specific circumstances of the collision.
Who Is Liable for Spectator Injuries?
While drivers are generally responsible for the damages of a crash if their actions directly cause it, several factors must still be considered to determine liability. In a car racing accident, the following may be held liable for a spectator’s injuries:
Scenario 1: Illegal Car Racing
In unlawful street racing, drivers engaged in these races typically hold the primary responsibility for any resulting accidents due to their reckless behavior, which could have directly led to the collision, such as:
- Speeding
- Swerving through traffic
- Disregarding traffic signals
- Other dangerous driving habits
On the other hand, individuals who knowingly attend illegal racing events and encourage an atmosphere of lawlessness and danger may also be held responsible for accidents stemming from their involvement. Remember that CVC 23109 (b) prohibits aiding or promoting a speed contest on public roads or in parking lots. You may also be liable for your injuries if you intentionally spectate in a street race.
So, if you are a spectator and the race car hits you, you may still file a compensation claim. This is because California follows pure comparative negligence, allowing all injured victims to pursue a case regardless of their degree of fault in a crash. However, if the at-fault driver’s insurance provider you are partly liable for your injuries for intentionally spectating, you may receive a reduced settlement.
For example, if a court determines that you are 30% of the blame for the accident, you may be eligible for 70% of the damages awarded. Similarly, the racer could seek restitution for 30% of the settlement.
Scenario 2: Legal Car Race Competitions
Typically, legal racing events require participants to sign a liability waiver. By agreeing to this document, you acknowledge all potential risks and release the company from any responsibility in case of injury on their premises or during their activity.
When you incur spectator injuries in a legal race car activity, and you sign a waiver, you likely won’t receive compensation from the driver or the organizer since you acknowledge the risks and free them of responsibility.
The company is only relieved of financial liability in instances of ordinary negligence leading to an accident. Ordinary negligence refers to the failure to exercise the same level of caution or duty of care expected of a prudent individual to prevent harm to others.
However, there are cases where you can still hold them accountable. If an accident results from gross negligence or intentional misconduct, you retain the right to pursue a claim despite signing the waiver.
For instance, before the event, the organization knew the track had defects that could cause accidents. Despite this, they proceeded with the event. Unfortunately, a vehicle lost control and crashed into the audience. In such a scenario, the organization can be held accountable for damages irrespective of participant waivers.
Determining liability in illegal car racing accidents can be complex, often requiring a thorough investigation to identify all responsible parties. If you’re involved in such incidents, seeking legal counsel from an experienced California car accident lawyer is advisable. They can navigate the legal process on your behalf and assist in pursuing compensation for your losses and injuries.
Lawyer’s Tip: When filing a claim, you must determine the total damages of your case. You can include non-economic losses, such as pain and suffering, aside from financial damages in your settlement. Contact a car accident lawyer to know more about your rights.
How Can a California Car Accident Lawyer Help Me?
Car racing accidents can be challenging to handle, especially if they involve an illegal race car driver. To hold them accountable, you must collect evidence that they were street racing, causing the accident. What happens if they flee the scene after the collision?
A California car accident lawyer can use their resources and expertise to locate the driver and hold them responsible for the crash. They can also greatly enhance the likelihood of a successful claim by:
- Gathering evidence to construct a compelling case.
- Establishing the liability of the party responsible.
- Evaluating the full scope of the damages suffered.
- Engaging in negotiations with insurance providers to secure equitable compensation.
- Pursuing litigation if required.
If you need a California car accident lawyer to safeguard your legal interests, Jacoby & Meyers provides some of the most proficient and dedicated personal injury attorneys committed to ensuring you receive the justice you deserve. While numerous firms offer assistance with accident compensation, Jacoby & Meyers distinguishes itself through its steadfast dedication to upholding your rights, rendering it the preferred option for accident victims.
Since 1972, Jacoby & Meyers has consistently championed the legal rights of individuals involved in accidents, achieving significant settlements. Our impressive history, boasting over $2 billion in settlements, underscores our unwavering commitment to our clients.
If you’ve suffered injuries in a car accident, Jacoby & Meyers is here to assist you. We provide free consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“About a year ago, I was involved in an accident that left me in pain. My car was a mess, and I had no idea what I would do. Then, my brother recommended Jacoby & Meyers, and I am so grateful to have found such a hard-working team of people. They took care of absolutely everything.
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Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Does Insurance Cover Hit-and-Run Accidents?
- How To Document Witness Testimonies for Car Accidents in California
- What Happens If an Unlicensed Driver Hits Me?
- Can I Still File a Claim If I Have an Unfavorable Police Report?
Works Cited
“California Vehicle Code Section 23109(b).” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23109.&lawCode=VEH.
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/wex/comparative_negligence. Accessed 11 June 2024.
“Homicide [187 – 199].” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=192.
“Senate Bill 1472.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1472. Accessed 11 June 2024.
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