When you get injured through a reckless, illegal, and dangerous activity like illegal street racing, you need to seek compensation. According to AP News, street racing has surged across America amidst the pandemic. The main reason for the surge is the closure of major highways due to the pandemic and most commuters are now forced to work from home. Movies and TV shows have also sparked an interest in street racing over the past few years.
However, street racing can be tragic because innocent pedestrians and motorists can get injured. The good news is a Fall River auto accident attorney can help you secure compensation for your injuries and losses.
How to Build Your Case
Street racing accidents are preventable unlike other types of car accidents. Below are steps you can take to file a street racing accident claim.
Gather Evidence
Collecting evidence after a street racing accident can be quite challenging. This is because, since it’s an illegal activity, street racers choose areas where there are no security cameras and very few witnesses to cover up their tracks.
The good news is that in this era of social media, there’s a high chance someone recorded the incident and posted it online. Additionally, business or residential premises might have cameras that recorded the incident. The police can acquire this footage and use it to convict everyone that was involved in the incident.
How to Identify the Perpetrators
Obviously, the street racers will not share their personal information with you after the accident. I fact, there’s a high chance the accident will quickly turn into a hit and run because they wouldn’t want to stick around to wait for you to call the police and get nabbed.
If you can, take pictures of their license plate numbers or any other relevant information. You should also take pictures of the accident site making sure to capture the road and weather conditions. These two factors could also be contributing factors to your accident.
Who Pays for Damages?
Assuming you were not part of the street racers, you need to determine who should pay for your medical expenses, lost wages, and pain and suffering, among other damages. If the street race was illegal, the racer’s insurer might decide to deny the claim. If you have uninsured coverage then you can utilize it at this point.
You should discuss with your Fall River auto accident attorney about other parties that can be held liable. For instance, if the state of the road was poor, causing the racer to hit a pothole and lose control of their car, you might be able to file a claim against the city. It’s also possible to file for punitive damages in order to punish the reckless driver.
Which Damages are You Entitle To?
You can seek financial damages such as:
- Pain and suffering
- Lost wages
- Future lost wages
- Medical expenses
- Future medical expenses relating to the accident
You can also file a wrongful death claim if a loved one died due to street racing injuries. You will get compensation for:
- Loss of companionship or care
- Burial and funeral costs
- Medical expenses
- Pain and suffering
- Loss of future earnings
Should Your File a Criminal or a Civil Case?
Criminal cases involve actions that are considered offenses against the state while civil cases involve disputes between private parties. However, there may be a possibility that the two might cross paths in your car accident case.
For instance, leaving the scene of a car accident that resulted in the death of someone is a felony in Massachusetts and can attract a minimum prison sentence of 2.5 years. You can use the evidence found in the criminal case to file a civil case for wrongful death. Your Fall River auto accident attorney should be able to advise you about the options that you have regarding your case.
Have You Been Injured in a Car Accident in Fall River?
If you have been injured in a car accident in Fall River, you need to get in touch with our auto accident attorneys as soon as possible. Contact us today at 508-676-0001 to schedule your free initial consultation.
