Many people are familiar with the intoxication that increased speed can bring. This is one of the reasons why racing games, which can be played on game consoles or the computer, are so popular. Although these games are becoming more and more realistic and thanks to virtual reality can even be felt in the body, there are still people for whom this kick is not enough. You would rather experience the real kick that adrenaline causes in your body in reality. Fortunately, however, in germany there are speed limit, which is laid down in the road traffic regulations. just as there is this rule, there are also people who don’t obey the speed limit and wish they were a race car driver. Whether it’s "the fast and the furios" as a role model or similar films in which illegal street racing is the subject, the illegal street racing has also found its way into germany and is unfortunately more than just a mere trend.
In the past, there have always been illegal street races. Those who know the movie "cannonball" with burt reynolds will know that there are always people to whom road safety does not mean as much as the rush of speed. This movie even has a real-life backstory that can be traced back to edwin george baker. the man who also became famous in america as cannonball baker covered the distance between the american west coast and the american east coast in just 11 days. Baker thus laid a foundation for illegal street racing, which was initially very widespread in america and is now also taking place in europe.
If you ask a person why he participates in an illegal street race, you will get a stereotypical answer. The howling of the engine, the tension before the start and the challenge to the driving skills are the main reasons why such road races are organized in the first place. If you drive a high horsepower vehicle, you will get the opportunity to push your vehicle to its limits in the illegal street race. this possibility does not exist in germany in public road traffic and that is a good thing, because speeding massively endangers the lives of other road users. Not to mention the driver’s own life at this point. It is not uncommon for illegal road races to end in a massive traffic accident, in which the beautiful vehicles are completely destroyed and many an innocent person loses their life. There is no doubt about it – illegal street racing is not a harmless pastime, and the law takes a very hard line against both the organizers and the participants of illegal street racing.
The problem that regulators have
In the recent past a vital european street racing scene has developed, which the legislator finds difficult to control. Especially the variant of speedrunning, in which a racer has to cover a certain distance with his vehicle within a short period of time, is very popular and extremely dangerous. Racing games like "need for speed" and the "fast and furios movies" have contributed, albeit unintentionally, to a very positive image for this type of racing. Everybody who is at the right place at the right time and can bring the financial part of the prize money can take part.
The law enforcement officers do not sleep
Even if the legislator still has his problems with the illegal street races, so the responsible authorities have reacted. In the meantime, planned events are cancelled by the police, who even have special units for such cases. The positive image that illegal street racing had in the past is starting to crumble. Events such as the world-famous gumball 3000, which are organized as races around the world, have fewer and fewer sponsors. In addition to the entry fee in the amount of 40.000 euro, a participant in such an event must reckon with considerable legal consequences, which can even be pronounced as a custodial sentence. Unlike in the film "cannonball" with burt reynolds, the regulatory authorities in this country are not so easily fooled and have absolutely no sense of humour when it comes to illegal racing!
From a legal point of view, car racing is prohibited on the basis of § 29 paragraph 1 of the stvo.
For those who act as organizers of an illegal car race or as participants, there is not only the threat of a fine. Such behavior is also subject to criminal law, so that prison sentences of up to 2 years and fines may be imposed. Moreover, it is also possible that a revocation of the driving license can be imposed as a consequence of the behavior. Three points in the central traffic register are as certain as the amen in the church. The penalty can even be increased if other road users are endangered by the illegal car racing. In such a case, five years imprisonment can be threatened. If a person is injured in the illegal street race, he or she may even be sentenced to ten years’ imprisonment.
With regard to illegal street racing, traffic law imposes clear prohibitions on both the organization and participation in any form. An MPU can also be ordered if the offender is a first offender and has not yet reached the maximum of eight points in the central traffic register.
The authorities have the right to seize the vehicle of a person who wants to take part in an illegal road race, if they are aware of it. This measure takes place in the context of the danger defense. Moreover, an illegal street race usually also has civil law consequences. A person who has suffered damage to life, limb or property as a result of an illegal street race can claim compensation for damages. If participants in the illegal road race have suffered such damages, there is no mutual interactive liability. This means that the participants are left to bear the costs of the damage they have incurred.
From an insurance point of view, the participation in an illegal road race constitutes an exemption from liability. This means that the insurer is not obligated to compensate you for the damages incurred. As a rule, the insurance companies will honor this agreement and, accordingly, will not pay compensation for the damages incurred. All these things should be considered in advance before participating in an illegal street race. Reason does sometimes intervene when it comes to the intoxication of speed, but participating in or organizing an illegal street race should never be an option that an adult human being would even consider. If you have participated in an illegal street race or have suffered bodily injury or property damage as a result of an illegal street race, you will definitely need a good and experienced lawyer. As the injured party, your legal expenses insurance, if you have it, will cover the costs of the legal advice and the lawyer’s services. We, as an experienced law firm, are at your disposal with our legal expertise. If in the course of civil proceedings the person who caused the damage is convicted, your insurance company will recover the costs from the person who caused the damage. Therefore, you can use our legal services without any risk, both out of court and in court.