The short answer is that most car accidents are civil cases. Most vehicle crashes involve two or more people and cause damage and injuries to the victims. If someone’s negligence caused the accident, others involved can seek compensation by bringing a civil lawsuit for car accident damages.
So when is a car accident a crime? Far fewer car accidents involve criminal prosecutions because the government cannot file criminal charges unless someone breaks the law. Even when criminal charges are filed for a car crash, most cases also involve a parallel civil matter where a victim can pursue financial damages from the at-fault party.
When can a Car Accident be a Criminal Case?
There are several circumstances where a car accident may be a criminal case:
- Hit and run – 75 Pa. Code 3744; 75 Pa. Code § 3745
- Drunk driving/DUI – 75 Pa. Code § 3802
- Homicide by vehicle – 75 Pa. Code § 3732
- Homicide by vehicle/driving under the influence – 75 Pa. Code § 3735
- Reckless driving – 75 Pa. Code § 3736
- Driving while suspended or revoked – 75 Pa. Code § 1543
- Drag racing – 75 Pa. Code § 3367
Criminal penalties for traffic offenses vary significantly. For example, a conviction for homicide by vehicle is a third-degree felony, punishable by up to seven years in prison and a $15,000 fine.
When drunk driving is involved, there is a three-year minimum and up to 10 years in prison. On the other hand, drag racing is a summary offense.
If the District Attorney files criminal charges, you can still bring a case yourself. In fact, it is almost certain that you will need to file your civil case to fairly recover your damages. Criminal and civil cases vary in some key respects.
Understanding Car Accident Cases
Differences Between Civil and Criminal Cases
Civil cases related to car accidents typically focus on recovering damages for the injured parties. A plaintiff may seek reimbursement for medical bills, lost earnings, and damages to property. Generally, negligence is central to these situations.
The second type of criminal cases may also arise in the present context, where a violation committed by the motorist leads to some injury or death; for instance, the DUI cases. It would be the state that would come to prosecute the offender by imposing finer or imprisonment.
Thus, while there is proof required in criminal cases, the standard is that the evidence must be “beyond a reasonable doubt,” a much higher barrier to overcome than in civil cases, where the standard simply requires a “preponderance of the evidence.”
Basis of Liability in Car Accidents
In the case of car accidents, the accompanying negligence, recklessness and liability may all put a person at fault. A driver can be considered negligent if they do not take proper care, and it culminates in an accident.
For a texting and driving scenario, a driver can be considered to be negligent . In such scenarios, lawyers are quick to capture evidence of police reports, witness accounts, and video recordings of the incident to ascertain who is liable. Other contributing factors may also include the state of the roads and how well the car was maintained.
In having to deal with the different facets of the accident, they are in a better position to claim payment for damages while dealing with any criminal litigation that may emerge out of.
The Civil Aspect of Car Accidents
Filing a Personal Injury Claim
If hurt from an accident, an individual has the right to claim payment for their injuries and damages through a personal injury claim. The process involves collection of documents like accident reports, medical records, and witness statements to validate the claim.
There is always a time limit within which a claim has to be filed, known as the statute of limitations, which differs from state to state. Car accident attorneys are very handy in such cases as they understand the law better and can advocate for the injured better than the other party.
Role of Negligence in Civil Car Accident Cases
Negligence plays a major role in civil car accident claims. A victim who suffers injury in a car accident because of negligence will have to show that the offending driver was negligent in his/her actions leading to the accident.
Some examples of negligence include, driving while being distracted, driving too fast or recklessly, or even driving while intoxicated. In short, this type of careless act needs to show proof that there was a caring responsibility that was violated which directly caused the damages claimed.
Compensation in Civil Litigation
The civil justice system allows victims to recover damages for several reasons, such as medical bills, lost wages, property damage, and mental pain and suffering.
The amount that will be granted depends on the specifics of the case and how negligent the parties involved were. Insurance companies usually negotiate the final amounts of settlement, and an attorney may be of great help in increasing said compensation.
Criminal Prosecution in Car Accidents
When a Car Accident Becomes a Criminal Case
A car accident morphs into a criminal case when there is an element of DUI, reckless driving, or death. If the driver demonstrates a blatant lack of concern for safety, that usually qualifies as a crime.
In fatal accidents, a driver may be charged with vehicular manslaughter if it can be proved that negligence resulted in a death. A death or serious injury results to an automatic investigation to be carried out and whether it is appropriate to file charges.
Typical Charges in Criminal Car Accident Cases
Common criminal charges in car accidents with severe injuries or death involve:
- DUI: Driving under the influence of drugs or alcohol
- Reckless Driving: Operating a motor vehicle in a way that shows contempt for the welfare and safety of others.
- Negligent homicide: Unlawful act of causing death resulting from irresponsible driving.
- Hit and run: Leaving the scene of the accident after causing injury to someone or damaging property.
How serious the charge is depends on the scenario surrounding the accident like how drunk the individual was, how fast they were driving, or if someone was injured or killed.
The Role of the State in Criminal Proceedings
In criminal law, as opposed to civil disputes, the case is presented by the government, and the accident victims play no role in prosecution. The government’s lawyer, known as a prosecutor, works with police records, and witness and forensic interviews for evidence.
Witnesses are allowed to give statements in court, but their control over the pursuit of prosecution is minimal. They can receive damages, but the focus of the government is to punish the defendant as thoroughly as the law allows. This system allows safeguarding the community from the consequences of reckless driving.
Working with Car Accident Attorneys
Dealing with the aftermath of a car accident usually includes seeking the help of a seasoned lawyer. The right lawyer can help gather evidence and follow legal protocols necessary to make your case stronger.
Choosing the Right Attorney
Finding a car accident lawyer takes some thought. People looking for help should search for someone who focuses on injury law car crashes. It’s essential to look at their past results in similar cases, including money won and court outcomes.
Clients can also get a feel for a lawyer’s way of talking by setting up first meetings. In these talks, they should ask about costs, which often work on a “no win, no fee” basis meaning the lawyer gets paid if the client comes out on top. What old clients say and write about a lawyer gives more info on how well they do their job.
The Attorney’s Role in Civil Cases
Car accident lawyers have a big part in civil cases because their job is to stand up for their clients’ needs asking for money for injuries, doctor bills, lost pay, and damage to the car that happened to the person in the accident.
Lawyers collect police files, health records, eyewitness accounts, and other proof to back up their arguments. They talk with insurance firms to get the best payouts. A lawyer stands ready to bring a case before a court if talks don’t lead to an agreement guiding how the case is shown to a judge or jury.
Consultation and Legal Strategy
The consultation process plays a key role to come up with a solid legal plan. In the first meeting, the lawyer looks at the case details getting a grip on what happened in the accident and how the person got hurt.
With this info in hand, the lawyer lays out possible ways to get compensation and walks the client through the legal steps. They also lend a hand in collecting important papers, like accident reports and medical files, which are vital to prove who’s at fault and what damages occurred.
A clear-cut legal plan helps the client see their choices and gets them ready for any bumps in the road ahead.