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Illegal car racing – a lethal risk

September 26, 2016

Germany's upper house of parliament wants to introduce harsher penalties for illegal car racing. This has been prompted by numerous speeding incidents, particularly in city centers, many of which have ended in death.

Symbolbild Illegale Autorennen Deutschland
Image: picture alliance/Kyodo

Until now, people who raced each other through towns at very high speeds, seriously endangering innocent lives, could only be punished with fines and a temporary ban on driving. Only those who killed or injured someone through dangerous driving could expect a more severe penalty.

Now, participants in illegal car racing will be subject to increased penalties even if no one is injured by their actions. The German upper house, the Bundesrat, has initiated legislation that would introduce a prison sentence of up to two years for racers. If someone dies as a result of their speeding, they could be jailed for up to ten years. The law is being proposed in the hope of preventing incidents like the ones detailed below:

Cologne: In July 2015 a 27-year-old in a rented sports car was speeding towards a traffic light at more than 100 kilometers per hour. He brushed another car, lost control of his own, and struck a 26-year-old cyclist, who died a few days later of his injuries.

Three people died in illegal car racing In Cologne within a few monthsImage: picture-alliance/dpa/O. Berg

The speeding motorist was sentenced to two years and nine months for involuntary manslaughter and intentional dangerous driving. Justifying the relatively severe penalty, the judge referred to the seriously reprehensible actions of the accused, who had been speeding for several minutes through a densely populated area frequented by numerous pedestrians and cyclists. Furthermore, he had displayed hardly any remorse. He had admitted that he had been driving fast, but not that he had been speeding.

Cologne: Another incident in Cologne in April 2016 attracted a great deal of attention. A 19-year-old cyclist was killed when a 23-year-old driving at very high speed lost control of his vehicle on a curve, swerved into the cycle lane and hit the young woman, who died three days later. The court found that the man had been racing his friend, also 23 – they both deny this, but witnesses say they saw them driving "bumper to bumper," like "a Formula 1 race." The driver who killed the cyclist was given a sentence of two years on probation, while his acquaintance was given a suspended sentence of just under two years. The judge said he believed probation was appropriate as both men were first offenders, and had not killed the cyclist intentionally. The prosecution has lodged an appeal.

One interesting detail: The killer driver said in a written explanation that he was "terribly sorry" about what had happened. However, a policeman at the scene of the crime described his behavior as cold-blooded: The young man had requested that the officer not damage his expensive alloy wheels with the spray paint.

Cologne: Another wild drive involving two young men in March 2015, again in Cologne, also had a fatal outcome. One of their cars went over a crossing at more than 100 kilometers per hour and slammed into a taxi, killing one person and injuring three others. The two drivers said they had wanted to establish who was faster, and the situation had escalated between two sets of lights. However, they argued that they had not prearranged the race, and were able to convince the court of this. As the driver had no prior record and was in his final year at school, he was sentenced under juvenile law: The sentence is primarily intended to be educational. Their actions were said to have been the result of "wholly overestimating themselves," said the judge; they had endangered both themselves and others "quite consciously and entirely without consideration." His verdict: suspended sentences of one year and four months for the driver who caused the accident, one year for his friend.

Hagen: In May 2016 two drivers raced each other through the center of the city of Hagen. They strayed into the oncoming lane and were forced to swerve; one of them crashed head-on into a car coming from the opposite direction. No one died – "only" five were injured. A six-year-old boy was in a critical condition for several days. The other driver fled the scene but subsequently turned himself in. They have yet to be sentenced. In a newspaper interview the interior minister of North-Rhine Westphalia, Ralf Jäger, said the drivers must "feel the full force of our laws." The Hagen incident is unusual in that an uninvolved driver behind the two men recorded part of the race on camera.

A fatal accident in BerlinImage: picture-alliance/dpa/B. Pedersen

Berlin: A car race ending in death has resulted in the first murder charge related to illegal racing. However, this was by no means an isolated case. In June of this year, for instance, a 20-year-old lost control of his car while racing and slammed into a stationary bus. On that occasion no one died, but the driver of the car was seriously injured and the bus driver was treated for shock. The speed at which the car was going is indicated by the fact that the car driver was hurled out of the vehicle, and the engine block ripped out of the moorings and spun across the road. The trial has yet to begin.

Ludwigshafen: The Kaiserwörthdamm in Ludwigshafen at night is a stretch of road that's infamous for would-be racing drivers. Two such drivers were racing each other here in January 2016 when, according to witnesses, the two vehicles touched, causing one of the cars to come off the road, somersault and crash into a tree. The driver and two passengers survived, seriously injured; a 22-year-old woman in the back of the car died. The driver of the other car fled the scene. Here too a verdict is still outstanding.

The police say it's often difficult to prove instances of illegal racing. The drivers usually deny in court that they were racing each other. "And if I can't prove it, I can't pursue the charge," a police spokesman explains. The question of whether the speeding took place in the context of a prearranged race can have a considerable impact on a guilty verdict.

 

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