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Who Pays When a Street Takeover Crash Injures a Bystander?

  • Car Accidents
Aerial view of an empty city intersection at night

Quick answer

After a street takeover crash in California, the drivers who took part are usually responsible, and more than one can share that responsibility even if only one car made contact. Vehicle Code section 23109 makes speed contests and exhibitions of speed illegal, and a violation can support a civil claim. The vehicle owner and the available insurance policies may also be involved. Code of Civil Procedure section 335.1 generally allows two years to file.

In California, the people who can be held financially responsible after a street takeover crash are usually the drivers who took part, the owner of the vehicle involved, and the insurance policies that cover those drivers or that vehicle. California Vehicle Code section 23109 makes speed contests and exhibitions of speed on a highway or in an off street parking facility illegal, and a driver who breaks that law and injures someone can also be sued in civil court for the harm. More than one driver can share the responsibility, including a driver whose car never touched anyone.

On September 20, 2026, Governor Gavin Newsom signed Assembly Bill 1588, the Sideshow Accountability and Community Safety Act, according to the legislative update published by the Governor’s office. According to SFist, the bill brings motorcycles and dirt bikes into California’s sideshow enforcement rules, raises penalties for repeat offenses, and allows stronger penalties when a sideshow causes serious bodily injury. Under existing Vehicle Code section 23109(h), a vehicle registered to a person convicted of a speed contest may already be impounded for up to 30 days. The bill amends Vehicle Code section 23109, according to the bill text published by the California Legislature.

B&D Law Group, APLC is a personal injury law firm in Los Angeles, California. We represent people injured in crashes on California streets and freeways, including people who were simply nearby when someone else drove dangerously. What follows is general information about how California law treats these injuries.

What California Law Says About Sideshows and Street Racing

Vehicle Code section 23109 has three parts that matter here. Subdivision (a) says a person shall not engage in a motor vehicle speed contest on a highway or in an off street parking facility. Subdivision (b) says a person shall not aid or abet in one. Subdivision (c) covers exhibitions of speed. The statute carries jail time, fines, community service and license suspension, and the penalties increase for a repeat violation and for one that causes bodily injury.

Assembly Bill 1588 changes that same statute. Under Article IV, section 8(c) of the California Constitution, a statute passed in a regular session generally takes effect on January 1 following a 90 day period after enactment, unless it is an urgency statute, which ordinarily means January 1, 2027 for a bill signed in September 2026. A crash that happened earlier is handled under the older version of the statute.

A criminal charge is not the same thing as a civil claim. The criminal case punishes the driver, while a civil claim is how an injured person seeks payment for medical bills, lost income and other losses. The two move on separate tracks.

Who May Be Responsible When a Bystander Is Hurt

California Civil Code section 1714(a) sets the basic rule: everyone is responsible for an injury caused by a want of ordinary care in the management of their property or person. A driver who loses control during a sideshow is measured against that standard.

A driver who never made contact with you can still be part of the case. In Agovino v. Kunze (1960), a California appellate court held that a racing participant whose vehicle did not strike the injured person could still be liable, because those who jointly engage in the acts leading to a collision share responsibility for what follows. In a takeover with several cars circling, that principle can matter.

The registered owner of the car can be a separate source of recovery. Vehicle Code section 17150 makes an owner responsible for injury resulting from negligent operation of the vehicle by someone driving it with the owner’s permission. Section 17151 caps that form of owner liability at $15,000 for injury to one person, $30,000 where more than one person is injured, and $5,000 for property damage. Claims based on the owner’s own conduct are evaluated separately from that cap.

Violating a safety statute carries weight in the civil case. Under California Evidence Code section 669, a person’s failure to use due care is presumed if they violated a statute, along with the other conditions that section sets out. Proof that a driver violated section 23109 is therefore relevant to the civil claim, not only the criminal one, though under Vehicle Code section 40834 a conviction for it does not by itself decide the civil case.

Empty urban street at night lit by traffic signals and streetlights

How Insurance Usually Responds

Most claims start with the at fault driver’s auto liability policy. Since January 1, 2025, Vehicle Code section 16056 sets California’s minimum liability amounts at $30,000 for injury to or death of one person, $60,000 where two or more people are hurt or killed, and $15,000 for property damage. Serious injuries often exceed those figures.

Your own uninsured and underinsured motorist coverage is often the next place to look. Insurance Code section 11580.2 requires uninsured motorist coverage in California auto liability policies unless the named insured and the insurer agree in writing to delete or reduce it. Underinsured motorist coverage applies when the at fault driver’s limits are lower than your own, and only after those limits are exhausted.

Hit and run cases come with strict conditions under that same section. The injury must arise out of physical contact with the vehicle, the accident must be reported to police within 24 hours, and a sworn statement must be filed with the insurer within 30 days stating that the identity of the driver and the owner cannot be determined. Missing one of those steps can cost the coverage, so the clock starts the day of the crash.

Auto policies also contain exclusions, and some address racing or organized speed contests. Whether one applies depends on the wording of that policy and on the facts, so the policy has to be read before anyone can say what it covers.

Deadlines That Can End a Claim Before It Starts

California Code of Civil Procedure section 335.1 gives two years to bring an action for injury to or the death of an individual caused by the wrongful act or neglect of another. Where a public entity is a defendant, Government Code section 911.2(a) requires the claim to be presented not later than six months after the cause of action accrues.

Deadlines can shift with the facts, and a missed deadline usually cannot be fixed later. Confirm the one that applies to your situation with a lawyer rather than relying on a general rule you read online, including this one.

Eyeglasses resting on printed documents and paperwork on a desk

Practical Steps After a Crash Like This

Get medical care first, even if you feel able to walk away. Some injuries, including head injuries, are not obvious in the first hours, and an early medical record also documents what happened.

Call the police and make sure a report is created. If a vehicle left the scene, that report within 24 hours is one of the conditions attached to uninsured motorist coverage. Write down what you remember about the vehicles, including color, damage and direction of travel.

Takeovers are usually filmed by the people attending them and by nearby cameras. Video disappears quickly, so collect witness names and numbers, ask nearby businesses whether a camera faces the street, and photograph the scene and your injuries. Report the crash to your own insurer promptly, and be careful about social media while a claim is open.

Frequently Asked Questions

Can I still bring a claim if the driver was never identified?

Possibly. Uninsured motorist coverage under Insurance Code section 11580.2 can apply to an unidentified driver, but the statute requires physical contact with the vehicle, a police report within 24 hours, and a sworn statement to the insurer within 30 days. Those conditions are strict, so act quickly.

Can a driver who never hit me be held responsible?

It is possible. Agovino v. Kunze (1960) held that a participant in a race can be liable for a collision even though that participant’s vehicle made no contact, because the participants acted together. Whether it applies to a given crash depends on the evidence about who took part.

What if I was watching the takeover when I was hurt?

California uses pure comparative negligence. Under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, damages are reduced in proportion to the injured person’s own share of the negligence rather than barred completely. Being present at the scene does not automatically end a claim, although it can reduce what a person recovers.

How long do I have to file?

Code of Civil Procedure section 335.1 sets two years for most personal injury actions, and Government Code section 911.2(a) sets six months to present a claim to a public entity. Because these deadlines shift with the facts, confirm yours with a lawyer well before it runs.

If you or a family member was injured in a crash like this, you are welcome to read more about California car accident claims, what to do after a hit and run in California, and what happens when the at fault driver has no insurance. If you would like to talk with someone about your own situation, you can reach our office through our contact page.

Sources

  1. Office of Governor Gavin Newsom, Governor Newsom issues legislative update 9.20.2026.
  2. SFist, New State Law Raises Penalties for Participating In Sideshows, September 21, 2026.
  3. California Vehicle Code section 23109.
  4. California Legislative Information, California AB 1588 (2025 to 2026 Regular Session).
  5. California Vehicle Code section 23109, speed contests and exhibitions of speed (public.law).
  6. California Constitution, Article IV, section 8, effective dates of statutes (Justia).
  7. California Civil Code section 1714, responsibility for want of ordinary care (public.law).
  8. Agovino v. Kunze (1960), California Court of Appeal opinion (CourtListener).
  9. California Vehicle Code section 17150, owner liability for permissive use (public.law).
  10. California Vehicle Code section 17151, limits on owner liability (public.law).
  11. California Evidence Code section 669, presumption of failure to exercise due care (public.law).
  12. California Vehicle Code section 16056, minimum liability insurance amounts (public.law).
  13. California Insurance Code section 11580.2, uninsured and underinsured motorist coverage (public.law).
  14. California Code of Civil Procedure section 335.1, two year limitations period (public.law).
  15. California Government Code section 911.2, time for presentation of claims (Justia).
  16. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, California Supreme Court opinion (Justia).

This article was prepared by B&D Law Group, APLC, Los Angeles, California.

Attorney advertising. This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting us does not create an attorney-client relationship. Every case depends on its own facts, and results will differ based on different facts. Past results do not guarantee a similar outcome, and no result is guaranteed.