Maybe, but it depends on the facts of the case. After the infamous scene featuring Michael J. Fox in the famous 1985 movie Teen Wolf hit the screen (the homecoming dance scene), car surfing gradually became a trend. The rise of social media platforms further fueled this dangerous activity, making it a “cool” act among the young generation.
However, this trend has led to increased moving car accidents across the United States, resulting in injuries and deaths. The consequences may include rising medical expenses, reduced quality of life, and pain and suffering. Since such tragic incidents are often the victim’s fault, affected parties believe they can’t recover compensation.
Although that may be true to some extent, the right to file a claim depends on the rules the state follows. With over 3,000 satisfied clients, Ehline Law is a leading brain injury firm in California that has recovered over $150 million in damages.
Contact us to discuss your case with an experienced attorney and learn more about your legal options!
Understanding Car Surfing Accidents: Fun Until the Thrill Is Over!
Car surfing refers to riding outside or on the hood of a motor vehicle being driven by someone else. While the wind caressing one’s face can feel thrilling, it’s a hazardous act that can have dire consequences in the event of a crash.
A car surfing accident can occur when the driver makes a sharp turn, changes speed, or comes to an abrupt stop. This traumatic incident may lead to severe injuries and, in worse cases, wrongful death.
Common Car Surfing Accident Injuries
Whether you’re trying to record a reel for social media by riding on the hood of a motor vehicle or sticking your body out of its window, such irresponsible acts can lead to unfortunate circumstances.
While head injuries are pretty standard, a car surfing accident may also result in the following:
- Broken bones and fractures
- Lacerations and cuts
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Paralysis
Who Is More Prone to Car Surfing Accidents?
Anyone can become a victim of a car surfing accident, but it’s teenagers who are more likely to get involved in these types of traumatic incidents.
YouTube and social media platforms have encouraged young individuals to act irresponsibly. Although their actions may lead them to short-lived stardom, the risk of unfortunate incidents is far too high.
Recent Car Surfing Accidents in the United States
While car surfing accidents are not that common, they occur occasionally. When these incidents happen, they make headlines due to their devastating impact on the victims.
Here are some recent car surfing accidents that have occurred in the United States:
Teen Fighting for Her Life After Car Surfing Goes Wrong!
On September 11, 2024, a young Magna resident decided to participate in car surfing with friends. While the evening started with fun and laughter, things turned violent during the night.
According to Sgt. Aymee Race, the Unified Police Department, received a distress call from a young resident. When the law enforcement officers arrived at the accident scene (Magna Regional Park), they saw Ava Broadhead, a teenager, on the side of the road in critical condition. She was immediately rushed to the hospital for medical treatment.
Upon investigation, the Unified Police Department discovered that Ava was car surfing with friends. The report stated that she fell from the vehicle during a sharp turn and hit her head on the pavement, resulting in brain damage.
Doctors reported that Ava was in a medically induced coma for two days before her condition started getting worse. While the teenager who was scheduled to perform at the homecoming football game was fighting for her life, her parents decided to create awareness on social media of the dangers of car surfing to prevent similar incidents from happening in the future.
The Death of an Eight-year-old Boy at the Hands of His Sister
This headline may sound disturbing, but it’s actually a tragic incident that occurred on October 2, 2024. Enashia Futrell, an 18-year-old Virginia resident, was driving her mother’s 2006 Ford Explorer when the tragedy unfolded.
As soon as the officers from the Hampton Police Department arrived at the scene of the accident, they saw a young, eight-year-old boy lying unconscious on the road. The rescue team immediately airlifted the individual to a nearby hospital, but it was too late. He died two days later.
When the investigation into the incident concluded, the report suggested that Enashia Futrell, the driver, was going over the 10 MPH speed limit around an apartment complex on Golden Gate Drive.
CCTV footage revealed that the young boy stood on the roof of the SUV and pretended to surf for at least 1,000 feet before being launched from the motor vehicle. The video also showed that another child was in the front passenger seat at the time of the car surfing accident.
As soon as the investigation was completed, the law enforcement officers arrested Futrell, charging her with one count of involuntary manslaughter and one count of child endangerment.
A Car Surfing Teen Can Sue for Brain Injuries or Death!
Under personal injury law, injured victims can recover damages following an accident caused by another’s negligence. Depending on the state rules, they can file a claim against the negligent party’s insurance company or their insurer.
For example, Massachusetts uses a fault-based system. This means an injured person must file a claim with their insurance company regardless of their fault. On the other hand, California is a fault-based state, which allows affected parties to recover compensation from the negligent individual’s insurer.
Now, keeping that in mind, can injured victims pursue damages following car surfing accidents? The answer to this question is more complex than a simple yes or no. It depends on the comparative negligence rules that the state follows, an of course, the jury.
Although it may seem like the individual partaking in the dangerous act is responsible for their injuries, the law may still allow them to make a financial recovery.
Car Surfing Accidents and Comparative Negligence Rules
Learning more about the comparative negligence rules and the system your state follows is essential for determining liability in a car surfing accident.
Comparative negligence is a principle of tort law that establishes that each party’s fault or negligence is based on their contributions to the accident. This makes it easier for insurance companies to assign blame and process payouts.
There are several types of negligence systems, each impacting a personal injury case differently.
These include the following:
- Contributory negligence: This rule bars injured victims from making financial recoveries even if they’re 1% responsible for their injuries. Maryland, North Carolina, and Virginia are some states that follow the pure contributory negligence rule.
- Modified comparative negligence: Under this law, injured victims cannot recover damages following an accident if they’re 50% or above at fault. However, some states have raised the responsibility requirement to 51% or more. States that follow the modified comparative negligence principle include Arkansas, Connecticut, Delaware, and Georgia.
- Pure comparative negligence: This law allows injured victims to recover compensation after an accident, even if they’re 99% at fault. In such situations, the plaintiff can obtain 1% of the damages. Florida, California, Arizona, and Alaska are some states that follow the pure comparative negligence rule.
- Slight/gross negligence: South Dakota is the only state that follows the slight/gross comparative negligence rule. It uses a unique concept that assigns blame based on subtle and gross negligence. If the injured victim is “slightly” responsible for their injuries, they may be able to pursue damages.
Negligence rules can significantly impact car surfing accident cases. For example, since California follows comparative negligence laws, those injured in car surfing accidents may be able to seek damages even if they’re partially at fault.
However, their compensation will be adjusted according to their contribution to the traumatic incident. Let’s examine how that might work in real life.
Sandy, a Californian resident, is car surfing when the driver suddenly makes an unexpected sharp turn, causing her to eject from the vehicle. The incident leads to a traumatic brain injury, resulting in $200,000 in damages.
An investigation into the car surfing accident revealed that Sandy was 30% at fault, while the driver was 70% responsible for making an unexpected, illegal sharp turn. Can the injured victim recover compensation, and if so, how much?
Although both parties involved in the accident were aware of the dangerous act, the injured victim may still be able to recover some compensation due to the state’s pure comparative negligence rules.
Since Sandy was 30% liable, she can recover 70% of the damages, which amounts to $140,000. That said, the plaintiff has the burden of proof, and she must prove that the defendant is liable by providing concrete evidence.
Unlike comparative negligence states, Maryland, North Carolina, and Virginia follow different rules. If the car surfing accident had occurred in any of these places, Sandy would’ve been barred from making a financial recovery against the party involved.
Protect Your Rights and Improve Your Chances of Securing Compensation with Ehline Law!
It can be challenging to understand how comparative negligence applies to your case. Leave the legal work to the experts at Ehline Law while you focus on your medical recovery.
Whether you’ve suffered injuries in a car surfing accident in California due to another’s fault or because of your own negligence, our skilled personal injury attorneys will represent you and aggressively pursue your case legally your case; call us at (833) LETS-SUE to schedule a free consultation and learn more about your rights from a lawyer with years of experience!