One moment, you are driving home. The next, a car moving at twice the speed limit loses control and wrecks into you.
Often happening without warning and at high speeds, being hit by a street racer can be extremely frightening. They can also raise questions that do not come up in a typical car accident.
Was the driver racing someone else? Can both drivers be held responsible? What if there is a criminal case? And who pays for your medical bills, lost income, and other expenses?
If you were injured in a suspected street racing crash in New Orleans or elsewhere in Louisiana, here’s what you should know:
Street Racing and Reckless Driving Are Illegal in Louisiana
Louisiana law prohibits speed contests and drag racing on public roads under Louisiana Revised Statute § 32:65. Drivers who participate can face fines, jail time, and other criminal penalties. There are potentially more serious consequences when a crash results in injury or death.
Criminal charges are only one part of what can happen after a street racing crash.
If you were injured, you may also have the right to pursue a personal injury claim against the person, or people, responsible for the accident.
The criminal and civil cases are separate, and you generally do not have to wait for a criminal case to end before exploring your options for seeking compensation.
For a free legal consultation, call 800-537-8185
Who Could Be Responsible for a Street Racing Accident?
The driver who crashed into you may seem like the obvious person responsible. In a street racing case, however, they may not be the only one.
Depending on what happened, potentially responsible parties could include:
The driver who hit you. A driver who was speeding or racing and caused the crash may be held responsible for resulting injuries and damage.
Another driver involved in the race. Even if the second vehicle never touched yours, its driver may have contributed to the dangerous situation that led to the crash.
People who organized or helped coordinate the race. In some situations, others involved in organizing the event may also need to be investigated.
The vehicle owner. If the person racing was driving someone else’s vehicle, an attorney can investigate whether the owner may also be legally responsible.
Every accident is different. It is important to identify everyone involved to help determine what insurance coverage and other sources of compensation may be available.
What Should You Do After a Street Racing Crash?
Your first priority should be your safety and health. Once you are somewhere safe, there are also steps you can take to help document what happened.
Call 911.
Ask for police and emergency medical assistance if needed. A police investigation can be particularly important when street racing is suspected because officers may document speeding, racing activity, witness accounts, and other details from the scene that you may not be able to identify on your own, such as tire marks, modified vehicles, or the presence of spectators.
Get medical attention.
Some injuries are obvious immediately. Others may become noticeable hours or even days later. Getting evaluated can help protect your health and create a medical record of your injuries following the crash.
Take photos and videos, if safe to do so.
Be careful when talking to insurance companies.
An insurance adjuster may contact you soon after the accident and ask questions about what happened or how badly you were hurt. You may want to speak with an attorney before providing a detailed or recorded statement or accepting a settlement.
Talk with a personal injury attorney.
Street racing cases can involve evidence that disappears quickly. An attorney can begin investigating the accident and work to preserve information that may help show what happened.
Click to contact our personal injury lawyers today
What If the Street Racer is Facing Criminal Charges?
You do not necessarily have to wait for the criminal case to be resolved before pursuing a personal injury claim.
Think of them as two different cases arising from the same crash.
The criminal case, handled by the district attorney, focuses on whether the driver broke the law and what penalties they should face. Your personal injury lawyer takes care of the civil claim, focusing on the harm you suffered and whether you are entitled to compensation. Both can move forward at the same time.
Information from the criminal investigation, including police reports, witness statements, and potentially a guilty plea or conviction, may also become important to your injury claim. Your attorney will monitor any criminal proceedings and use any relevant outcomes to support your claim.
How Do You Prove the Driver Was Street Racing?
This is one of the biggest differences between a street-racing case and a more typical reckless-driving accident.
A driver may deny that they were racing. Another racer may leave the scene. Witnesses may disappear, and video footage may be deleted or recorded over.
Evidence that may help show what happened includes:
- Police reports and citations
- Traffic or surveillance camera footage
- Photos and videos from the scene
- Witness statements
- Vehicle data showing speed, braking, or acceleration
- Cell phone records, when legally obtainable
- Social media posts, videos or messages connected to the race
- Skid marks, debris, and other physical evidence from the crash scene
What Compensation May Be Available After a Street Racing Crash?
If another person’s actions caused your injuries, you may be able to seek compensation for the financial and personal impact of the crash.
Depending on your injuries and circumstances, that may include:
Medical expenses: Emergency care, hospital stays, surgery, physical therapy, medication, and future treatment related to your injuries.
Lost income. Wages you missed while recovering and, in serious cases, income you may lose in the future if your injuries affect your ability to work.
Pain and suffering. Compensation for the physical pain and emotional impact caused by your injuries.
Property damage. The cost of repairing or replacing your vehicle and other personal property damaged in the crash.
The compensation available depends on the facts of the accident, the extent of your injuries, and insurance coverage, among other factors.
Why Can Street Racing Accident Claims Be More Complicated?
At first, it may seem straightforward: someone was racing, they crashed into you, and their insurance should pay.
Unfortunately, it is not always that simple.
There may be two or more drivers involved, and each may blame someone else. Insurance companies may dispute whether racing was actually taking place or how much each person contributed to the crash.
There is also evidence that may need to be collected quickly. Traffic camera footage can be overwritten. Witnesses can become difficult to locate. Vehicles can be repaired or sold, potentially making valuable information harder to obtain.
And because high-speed crashes can cause serious injuries, there may be significant medical expenses, time away from work, and long-term effects to account for before a claim is resolved.
How Can a New Orleans Personal Injury Lawyer Help?
After a serious crash, you should be able to focus on your recovery rather than trying to figure out who was racing, where camera footage may exist, or which insurance company should pay.
A personal injury attorney can investigate the crash, gather available evidence, identify the people who may be responsible, communicate with insurance companies, and determine what compensation may be available based on your injuries and losses.
At Morris Bart, our attorneys have represented injured people across Louisiana, Mississippi, Arkansas, and Alabama for decades. We can review what happened, explain your options in plain language, and help you determine what to do next.
Talk to Morris Bart About a Street Racing Accident
If you were injured by a driver who was street racing in New Orleans or elsewhere in Louisiana, you do not have to figure out the next steps on your own.
Evidence from a high-speed crash can disappear quickly, so it can be helpful to begin investigating what happened as soon as possible.
A consultation with Morris Bart is free, and there are no attorney’s fees unless we recover compensation for you.
Call Morris Bart today to tell us what happened and learn about your options.
One call, that’s all.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
