California VC 21712 prohibits the unlawful riding in a vehicle. This offence happens when a driver allows a person to ride in their vehicle, in a space not intended for passengers. It is an infraction that could result in a hefty fine and an additional point to your driving record by the DMV. You can be charged under this law if you let a person ride in your vehicle’s trunk, in your vehicle’s cargo bed, on running boards, or without a safety belt.

Additionally, this is an offense that can result in a civil claim against a driver. If the passenger sustains an injury or loses their life while unlawfully riding in your vehicle, they can sue you for their damages. A competent personal injury lawyer can help you understand your situation and legal options.

The Elements of VC 21712

When you face criminal charges in California, the prosecutor bears the burden of proof. They must demonstrate all the elements or facts of the offense beyond a reasonable doubt for the court to give a guilty verdict in your case. The elements of unlawful riding of a vehicle, as provided under VC 21712, are as follows:

  • You knowingly allowed another person to ride as a passenger on your vehicle, but in a space not intended for a passenger
  • You negligently did so, disregarding their safety or well-being

Generally, charges under this law are brought against drivers who do the following:

  • Who carries people in the trunk
  • Who allows passengers on the cargo boards
  • Who allows people to ride in their towing vehicles, like campers, boats or trailers

You can face charges regardless of where the offense occurred, whether on a public or private road. The offense still counts even if you are arrested with a person in your vehicle’s trunk while in a parking facility. Both the driver and the passenger are criminally liable for this violation.

Some of the people who are likely to face these charges include:

  • Those who playfully ride on vehicles’ fenders or running boards
  • Hitchhikers who end up riding on pickup beds without a safety harness
  • Hitchhikers who ride in cargo sections of trucks or semitrucks.

This law seeks to protect passengers and prevent road accidents. Hanging off vehicles or riding in spaces not designed for passengers puts passengers at risk of severe injuries. A driver who knowingly allows it to happen, and a passenger who agrees to ride unsafely, are liable.

Additional and Exceptional Rules to VC 21712

Other laws and California courts have made additional rules to make this statute even more viable. Some of the additional regulations include the following:

  • A passenger's body need not be entirely within a motor vehicle for the driver and the passenger to violate VC 21712. You can be charged even if only one part of the passenger's body was in the vehicle
  • A person riding on a truck’s bed is actually not in violation of this statute when only their feet are on the end of the truck. However, if there is a federal restraint on this type of passenger’s use, the driver and the passenger can be liable in case of a violation.
  • Motorcycle riders can also face charges under this statute if they ride on one seat with another person.
  • In case of a parade, a passenger can legally ride in a truck’s cargo bed, provided that the truck is moving very slowly (at least 8 mph)
  • People can legally ride on towed trailers designed for carrying vessels involved in the recovery or launching of the vessel.
  • People can also legally ride on the cargo bed of an agricultural vehicle, provided the vehicle is travelling only from one field to another, and the fields are no more than a mile apart.
  • Authorized employees can also ride in a truck or other vehicle for job-related purposes, such as trash collection.

Even with the above exceptions and laws, unlawful vehicle operation remains a crime. This prevents people from dangerously hanging out of motor vehicles or being in areas that put them at risk of harm.

Criminal Penalties for Unlawfully Riding on a Vehicle

Remember that VC 21712 is an infraction that can result in two types of penalties:

  • A court fine
  • A point on your driver’s record

If you are given a ticket for allowing a person to ride in your vehicle unlawfully, the court can impose a fine, depending on your criminal history. For example, if this is your first similar violation, you will be charged $100. If this is your second violation, and the first violation happened within a year of the second, you will be fined $200. If you have two or more similar violations on your record, and they have all occurred within the same year, the court can charge you a fine of up to $250.

If you receive a ticket for allowing a passenger to ride in your towing vehicle unlawfully, the fine will be $238 for the first offense. Subsequent violations will result in higher penalties. The fine does not include penalty assessment and court fees.

In addition to the fine, a violation of VC 21712 results in a point on your driver’s record by the DMV. If you accumulate more points on your record, your insurance rates may eventually increase. You could also eventually be designated as a habitual traffic offender. These will result in life-changing consequences.

Additionally, you could be considered a negligent operator by the DMV if the following happens:

  • If you receive four points on your driver’s record within 12 months
  • You receive six points within two years
  • You receive eight points within three years.

A negligent operator faces more serious consequences, including license suspension or revocation. However, you are given a chance to fight for your license in a DMV hearing, which you must request immediately after receiving the designation.

You can attend a traffic school to avoid earning a point on your driver’s record. Although this is not mandatory, the DMV may reconsider assigning you a point if you voluntarily attend and complete traffic school. However, you will still have to pay the fine and all associated court fees.

If you ignore a traffic ticket in California, the prosecutor can file charges against you under Vehicle Code 40508 for not paying your fine or failure to appear. This is a misdemeanor charge that can result in 6 months in jail and a $1,000 fine upon conviction. You cannot argue that you did not have criminal intent, or did not commit the underlying infraction to avoid a conviction for failure to appear.

Fighting VC 21712 Charges in a Criminal Court

When you appear before a judge after being issued a citation for unlawful riding in a vehicle, you can fight your charges. This is necessary to avoid the consequences of a conviction. If you do this well, you will not have to pay the fine, and the violation will not earn you a point on your driver’s record. Fortunately, there are defense strategies you can use for a favorable resolution. Examples of these strategies include the following:

It Was an Emergency

You can convince the judge that you faced an emergency at the time, which made it impossible for you to avoid committing the infraction. For example, someone could have been injured, and the only way to drive them to a safe location for first aid or treatment was in an unsafe space in your vehicle. If you have a valid excuse for doing what you did, the judge can dismiss the infraction.

The Ticket was By Mistake

The police make mistakes all the time. An officer could have mistakenly issued a citation in your name instead of the actual perpetrator. In this case, you are not liable for the infraction. However, you must provide evidence to counter the prosecutor’s allegations. For example, you can prove that you were not anywhere near where the traffic ticket was issued when it was issued.

The Vehicle Was Not Moving

Unlawful riding in a vehicle occurs when a vehicle is moving. If a passenger is found in your vehicle’s trunk or truck’s cargo bed while the vehicle is stationary, charges under VC 21712 will not apply. Since the prosecutor bears the burden of proof, their case is weak if they cannot prove all the elements, including that the vehicle was in motion. This can result in a dismissal of the case.

Also, remember the exceptions to this law as explained above. You can cite one of the exceptions and support it with evidence to avoid a conviction.

Note: It helps to have an attorney present, even if you are only facing an infraction. An attorney can advise you on your legal options and help you fight the infraction in court. Also, an attorney will increase your chance of obtaining a favorable outcome in your case. They can also attend the court hearing on your behalf if your presence is not necessary.

Personal Injury Lawsuits for Unlawful Riding in a Vehicle

Remember that unlawful riding on a vehicle is primarily prohibited to prevent vehicle accidents and their resulting damage. If someone riding in your vehicle is injured, they can sue you for damages for sustained injuries and other losses. If you are found guilty of negligently allowing them to ride in an unsafe space in your vehicle, you could be held liable for their damages. This may result in significant financial losses, as you compensate the injured party for their economic, non-economic and punitive damages.

However, civil court judges must consider certain factors in cases like these to ensure that the proper liable party is held responsible for the resulting damages. If a driver is fully liable for the resulting accident, they will compensate the passenger for all their damages. If the driver is partly liable, they will pay a proportionate share of the compensation, based on their percentage of fault. If only the passenger is liable, for example, if the driver was unaware of their presence in the vehicle, the driver is not responsible for the resulting damages.

Here are the key aspects when handling unlawful riding claims:

Negligence Per Se

This is the key factor when determining personal injury claims in California. It is a legal doctrine that applies when a person violates a particular statute or regulation, thereby constituting an automatic breach of their duty of care. In this case, drivers have a duty of care to ensure all other road users, including passengers, are safe. If they engage in unreasonable conduct, a plaintiff only needs to prove that the violation of the driver’s duty of care caused their injuries. This key aspect applies primarily when a law intended to prevent a particular harm is violated, resulting in another person sustaining injuries.

In this case, the law is the unlawful riding in a vehicle. A driver who negligently allows a passenger to ride in an unsafe part of their vehicle is liable for any damages sustained by the passenger. However, if the passenger willingly agreed to unlawfully ride in the vehicle, knowing the risk of danger, you can argue that they are partly at fault for the resulting damages. This may reduce the damages you owe them.

The Rights of an Injured Passenger

A civil court judge will consider the passenger's rights, regardless of their fault in the accident that caused their damages. Even if the passenger were illegally riding in a vehicle, they still would have the right to safety. Thus, if you were driving recklessly, or distractedly, or engaged in any other conduct that caused the accident, you are liable for the passenger’s damages.

Example: Someone secretly enters your vehicle's trunk to follow you wherever you go. Unaware of their presence in the trunk, you drive off speedily. After a few minutes, you are involved in an accident because you were driving speedily and recklessly. The passenger in your trunk is severely injured.

In this case, the passenger can still sue you for damages. Although they were riding unlawfully in your vehicle, your reckless actions caused their injuries. However, the judge may hold the passenger liable for part of their damages for knowingly riding in your vehicle unlawfully.

The Statute of Limitations

The statute of limitations gives deadlines by which an injured person can file a personal injury claim in a civil court. If a passenger is injured while unlawfully riding in a vehicle, and they would like to pursue compensation for their damages, they have up to two years from the date of the injury to file a claim against the liable party. This period allows them to seek treatment and gather sufficient evidence to file a winning claim.

However, the deadline changes if the liable party is a government entity. For example, if the reason the accident occurred in the first place was because of road-related hazards, or the vehicle in which the passenger rode unlawfully was a government vehicle, the plaintiff has only six months to file a claim.

The timelines provided by the statute of limitations must be strictly adhered to. Otherwise, a plaintiff may lose their right to pursue compensation once the timeline elapses.

The Damages to File For

If you are injured while unlawfully riding in a vehicle, it helps to understand the types of damages you should file for. Generally, your damages are determined by the injuries or losses you incur in the accident. California personal injury laws categorise damages as compensatory and punitive damages. Compensatory damages are further categorized into:

1. Economic Damages

These are damages that involve a direct financial loss. They include your current and future medical needs in case of a physical injury, caregiver services, property loss, loss of earning ability, and lost wages for the time you took off from work to recover.

2. Non-Economic Damages

These are equally essential damages, even though they do not involve a direct financial loss. They include compensation for your suffering, pain, mental anguish, stress, and anxiety. You can also sue for the loss of the ability to enjoy life, or family consortium.

You do not sue for punitive damages. Instead, a court awards these damages if there is evidence that the liable party negligently or recklessly caused your injuries. A court can grant punitive damages to punish the liable party for their negligence and to deter similar conduct.

Find a Competent Car Accident Attorney Near Me

Although unlawful riding in a vehicle is an infraction in Los Angeles, it may result in criminal penalties and a civil suit. Both cases can affect the driver or the passenger, depending on the details. This means the liable party can face criminal consequences, including a fine and the loss of driving points, as well as civil repercussions.

At Los Angeles Car Accident Attorney, we help clients fight for a reasonable resolution in their cases. If you face a civil claim for allowing someone to ride in your vehicle unlawfully, we can fight the claim or negotiate for a reasonable resolution. If you are injured while unlawfully riding in a vehicle, we can help you fight for the compensation you deserve. Call us at 424-237-3600 to discuss your case and our defense strategies in detail.