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Driving is dangerous enough without people driving recklessly. Unfortunately, many people disregard the safety of others for their own thrills. Street racing is just one prevalent example. If you or a loved one was injured because of someone’s poor decision to street race in Texas, you deserve to recover compensation for your injuries. Read on to understand some of the laws around street racing in Texas and how to recover if you have been injured.
Street racing feels like something you only see in the movies, but it happens more often than you would expect. On average, nine out of every 100,000 drivers have received a citation for street racing. It can be difficult to track the true scope of street racing because it is an underreported crime, and it’s common for street racing accidents to be attributed to another cause. While specific numbers of street racing accidents in Texas are difficult to track, there is no shortage of news articles reporting the tragic results of these accidents. Texas law makes it clear that street racing on public highways is illegal. Specifically, it is illegal for any individual to participate in:
A violation of the street racing law is a crime. Violators can be found guilty of a Class B misdemeanor and face penalties including a fine of up to $2,000 and/or 180 days in jail as well as suspension of their driver’s license for up to one year. If the driver was intoxicated or found with an open container of alcohol, they can also be found guilty of a Class A misdemeanor which is punishable by up to a year in jail and/or a fine of up to $4,000 in addition to a driver’s license suspension. As you can imagine, these penalties only continue to increase if the racing resulted in bodily harm or death to another person. The state is responsible for pursuing criminal charges against street races. This will be driven by a prosecutor. A criminal case will not, however, include the cost of recovery for a victim’s damages. Injured victims must pursue their own recovery in civil court.
The state and prosecutor will handle criminal action against the driver, but victims must pursue their own recovery against the driver. To recover damages, you will need to demonstrate that the defendant’s negligent or intentional actions caused your injuries. Because the cars are likely to be traveling at extremely dangerous speeds, the odds of suffering severe injuries or death in a street racing accident are high. In 2018, speeding drivers killed almost 10,000 people. Speeding increases the odds of an accident because the driver is more likely to lose control of the vehicle. Speeding also increases the stopping distance required to avoid a hazard, and it reduces the effectiveness of occupant protection equipment. Common injuries after a speed racing car accident include:
A court can find that street racing qualifies as aggressive or reckless driving. The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as any time “an individual commits a combination of moving traffic offenses so as to endanger other persons or property.” You will need evidence of the driver’s reckless actions to support your case. An important piece of evidence is a police report. The report will include pictures from the scene of the accident, witness testimony, and any citations issued for violations of traffic regulations. Make sure that any evidence that proves the driver was street racing is retained and documented. If the driver was found to violate the statute against street racing, they are also presumed to have acted negligently.
After building a negligence case against the racing driver, you must assess your damages. Then, you can hold a reckless driver responsible for your injuries. Work with your attorney to prepare a comprehensive damages demand that includes all of the ways your injuries affected your life. This may include:
Preparing a complete assessment of your damages can be time-consuming, but it’s a critical step in ensuring you secure the recovery you deserve. If your case goes to trial, this amount will be considered by the jury when awarding recovery. Many cases resolve by a settlement between the parties before a trial, and a damages assessment will also be important in that scenario. A settlement offer presents an enticing resolution to a stressful case, but you should only accept an offer that corresponds to the strength of your case. Work with your attorney to weigh any settlement offer against your likelihood of prevailing at trial and the full extent of your damages. While it is important to prepare a complete demand, time is also of the essence. Injury claims are subject to a time limit called the statute of limitations. In Texas, a victim must file a car accident claim against the defendant within two years of the accident. Two years can feel like a long time, but it will move quickly as you spend time managing your injuries, building your case, and preparing a damages demand. If you do not act on time, you risk losing your ability to recover compensation entirely.
A skilled car accident lawyer can be a key partner as you pursue recovery against the negligent, speeding driver for your injuries. An attorney can help you manage each aspect of the case, including:
You won’t pay a dime for the services of a reputable car accident lawyer, because they work on commission—what lawyers call contingency—so you can get all the legal help you need without worrying about adding to the expenses your injuries have caused. Don’t delay; you have nothing to lose, and everything to gain!
2 minute response
24 hours a day, 7 Days a Week
Dedicated Trust Guss Intake Team