Many serious car accidents are caused by criminal driving practices. Drunk driving, road rage, speeding, driving without a license and other offenses are often connected to a car crash claim.
Prosecutors often bring criminal charges in accidents involving these crimes. So how do criminal cases affect your right to recover compensation?
Criminal vs. Civil Courts in Texas
Criminal legal matters are handled in the criminal legal system, which is entirely different from the civil legal system that will handle your car accident claim. The rules and procedures differ in each.
In a criminal case, the charges are brought against a defendant (the person accused of the crime) by a prosecutor working on behalf of the state. This is because the conduct violated Texas state law.
A civil case, on the other hand, is filed by an individual, typically the victim. The civil case is an attempt to recoup financial damages (for vehicle repair, lost wages and medical bills, among others) caused by someone else’s wrongdoing.
Sometimes, criminal and civil systems are involved in the same set of circumstances, like in a car accident caused by criminal conduct. When that happens, there can be complications for the civil case. Criminal law courts don’t care about civil claims, but a criminal conviction can actually impact, or even potentially strengthen, a car accident claim.
The Timing of Your Car Accident Case
For the outcome of a criminal case to impact a civil car accident case, the criminal proceeding must be completed first. Fortunately, criminal cases are generally handled more quickly than civil ones. In some cases, if the criminal case is still ongoing, the civil case will be delayed so the two can be completed in the correct order.
The Outcome of the Criminal Case
There are several ways in which a criminal case can impact your civil case. The most obvious way is in something called “negligence per se.”
Found Guilty: Negligence per Se
Collecting damages in a civil case requires you to show that you were injured as a direct result of the negligent or wrongful acts of another. If the person who caused your accident is convicted of a crime for their conduct, a court has concluded that their actions were negligent or wrongful.
When it comes to your personal injury case, this means you don’t have to prove the other driver was negligent. The criminal case means they have been found negligent per se. That’s one important hurdle of your civil case that you’ve already cleared.
Not Guilty Does Not Mean Not Liable
Even if the other driver is found not guilty during the criminal trial, don’t lose hope. The outcome of the criminal case is meaningful, but it won’t predict the outcome of your car accident claim.
The burden of proof in criminal cases is different than it is in civil cases. A person can be found not guilty in their criminal case and then guilty in their civil case. There are even circumstances where you could be better off if the criminal case does not end in a conviction.
An Experienced Attorney Can Guide You
Even the most straightforward personal injury case is complicated. Overseeing your civil case when there’s a related criminal case is a situation that requires experienced assistance.
At The Fell Law Firm, our attorneys understand Texas car accident cases. We can help you present the strongest possible case to get you maximum compensation. Call us at 972-450-1418 or contact us online to schedule a consultation.
