HOW CAR ACCIDENT LAWSUITS ARE CLASSIFIED AS CIVIL OR CRIMINAL CASES
3 min read
Car Accident Cases
Car accidents are becoming all too common for comfort in America. With over 270 million cars on its roads, America has one of the busiest roads in modern civilization, and it comes as no surprise that it also has one of the highest accident cases in the world. In 2019, over 12 million cars were involved in car accidents in America, and over 30,000 people died. Every day, accidents occur, and even non-fatal accidents cause different injuries. Passengers suffer whiplash, tissue damage, sprains, broken bones, ruptured discs, burns, loss of limbs, internal injuries, head injuries, and so many more horrific injuries. Uninvolved community members suffer too when these accidents occur. These accidents can lead to clogged roads and traffic.
What to do when involved in a car accident
If you or any of your loved ones are involved in an accident, you should speak to a car accident attorney immediately to help. A car accident lawyer by your side will help you navigate the aftermath of the accident. The moments after a car accident can be very complex and confusing. They will help you understand the legal proceedings. If you don’t have one, get one! They will guide you through the process of filing your evidence and auto accident claims. An experienced car accident attorney will help you understand your rights and ensure you receive the appropriate compensation for your injuries.
Civil cases vs Criminal Cases
The determinant of whether a car accident case is civil or criminal is the behavior that led to the accident occurring. If you suffer an injury because of the carelessness or negligence of a driver, you can file a civil lawsuit for claims. Negligence can occur through distracted driving, failing to follow signals and obscure roads. However, if that driver was driving under the influence of drugs and alcohol, the driver faces a criminal case. Also, if the driver behaves in a threatening manner to the general public and is dangerous, the driver can face criminal charges from law enforcement officers. Car accident cases can become criminal cases when;
- Driving under the influence (DUI); Driving under the influence of any form of intoxication is not allowed. This behavior also endangers the public. Accident cases involving an intoxicated driver are treated as criminal cases.
- The driver is reckless; It is illegal to text and drive. A texting driver is dangerous not only to other vehicles but to anyone in proximity. If a driver is texting while driving and it leads to an accident, the driver will face criminal charges. A driver can also face criminal charges for speeding and road rage.
- Drivers hit and run; Never run away when you hit someone in an accident. It is not only illegal but displays moral cowardice. Even if it is a minor accident, stay at the scene to resolve everything, or it could result in a criminal case.
There’s a catch
You cannot file criminal charges against a reckless driver. That duty belongs to the government (state or federal). Individuals can file a civil lawsuit for claims against a driver that causes an auto accident. It is their right. However, only the government can pursue criminal litigation against a driver that breaks the law. The court will dive deeper into the evidence than in a civil case. The court will have to determine beyond any reasonable doubt that the driver is guilty.
