Civil Cases vs. Criminal Cases in Traffic Law

Being involved in a car accident can be an incredibly scary and stressful event. If you (or your loved ones) have suffered injuries, you may be looking for someone to help alleviate the associated financial burden. A qualified car accident lawyer can offer the legal guidance you need in your fight for justice.

A car accident can be classified as a civil or criminal case, depending on the circumstances. Most cases qualify as civil lawsuits, yet sometimes the accident can escalate to the criminal court. Also, this is not an either-or situation; in some situations, a case might qualify for both a civil and a criminal lawsuit.

When Does a Car Accident Become a Criminal Case?

Depending on how a case is classified, the legal procedure will be considerably different. Car accidents can be considered criminal under a set of circumstances. For example, when these are seen as a threat to society.

Individuals cannot start a criminal lawsuit against a defendant; these can only be filed by the federal or state government. However, victims can still file a civil lawsuit to access compensation for the injuries suffered.

While civil litigation is meant to ease the victim’s economic burden, criminal litigation aims to punish the defender and deter future crime. However, some cases qualify for both categories. To learn more about where your case would qualify, ask a criminal traffic attorney for their professional advice.

Several indicators can show if a car accident can be classified as a criminal case, including the following:

Driving Under the Influence

Throughout the Us, it is illegal to drive a vehicle with a blood alcohol concentration higher than 0.08%. A DWI, DUI, or DWAI can qualify as a criminal offense. The penalties a person will incur when charged with driving under the influence will depend on several factors, including:

• Previous convictions
• Aggravating circumstances
• The specific circumstances of the accident

Reckless Driving

Reckless driving refers to risky driving behavior that represents a danger to the life of others on the road. Speeding through school zones could qualify for a criminal lawsuit since it represents a direct societal danger. If the driver hits someone while practicing unsafe driving, they may face criminal charges.

Hit and Run

If a driver accidentally hits a pedestrian or another vehicle, they must stop at the scene and follow certain protocols. Often, this includes exchanging information with the other person, such as:

• Name
• Contact information
• Insurance details

If a driver involved in a traffic collision leaves the scene of the crime, they could be charged with a hit and run. The penalty received for this act will depend on the specifics of the situation. Accidents resulting in loss of life face more severe repercussions.

Traffic Tickets

Getting a traffic ticket for a driving infraction is also considered a criminal offense. It may not seem too serious, and you may opt to pay the fine instead of going to court. However, these tickets are handled by the criminal justice system.

Should you decide not to pay for your traffic tickets or show up to the court to fight them, a warrant for your arrest can be issued. This act puts you in the criminal category for not taking care of your responsibilities.

Civil Car Accident Cases

When it comes to civil car accident cases, these occur when an individual takes the other party to court for injuries sustained during the accident. Typically, the plaintiff is looking for compensation to help them cover medical bills and other expenses that may not be included in their insurance.

Any type of accident can become a civil case. Even if facing criminal charges for a car accident, the defendant can still be sued by injured parties. The outcome of each trial is not dependent on the other, and even if the defendant pays fines for your criminal charges, they may also be responsible for paying restitution in a civil case.

Dealing With Civil and Criminal Car Accident Cases

Dealing with either civil or criminal charges (or both) after a car accident can be incredibly challenging. Working with a lawyer will be in your best interest and could help you get the best outcome from the trial(s).

Author Bio: Early in his journalism career, Kerry L. Tucker had a revelation: there were not enough experts reporting on law issues. Legal matters are part of daily life. Yet, there seems to be a general aversion towards them. One of the main reasons for this is that the convoluted legal language is difficult for many people to follow. Therefore, he decided to change how the law is perceived by the public. Throughout his career, he met with many people who shared their personal stories with him. Some of these hit him harder. One of the cases that stayed with him and influenced his future career development was a car accident case involving a child. From then on, he decided to zero in on car accident lawsuits.

(Devdiscourse's journalists were not involved in the production of this article. The facts and opinions appearing in the article do not reflect the views of Devdiscourse and Devdiscourse does not claim any responsibility for the same.)